Pitt Street North Over Station Development (Osd) Concept Ssd Da Section 4.55(2) Modification - Planning Report

PITT STREET NORTH OVER STATION DEVELOPMENT (OSD) CONCEPT SSD DA SECTION 4.55(2) MODIFICATION - PLANNING REPORT

25 JUNE 2020 PREPARED FOR PITT STREET DEVELOPER NORTH PTY LTD

URBIS STAFF RESPONSIBLE FOR THIS REPORT WERE: Director Jacqueline Parker Associate Director Jayne Klein Senior Consultant Genevieve Beard Project Code P17493 Report Number FINAL

You must read the important disclaimer appearing within the body of this report. urbis.com.au

Contents

1. Introduction ...... 9 1.1. Overview ...... 9 1.2. Strategic Project Need ...... 10 1.3. Need for the Modification ...... 10 1.4. Detail of the Modification ...... 11 1.5. Report Structure ...... 12 1.6. Secretary’s Environmental Assessment Requirements ...... 12 1.7. Other Approvals ...... 14 2. Background ...... 15 2.1. Sydney Metro ...... 15 2.2. CSSI Approval Sydney Metro City & Southwest (SSI 15_7400) ...... 16 2.3. Concept SSD – SSD-8875 ...... 17 2.4. Design Development and Design Excellence Process ...... 17 3. Site Analysis ...... 19 3.1. Site Context and Location ...... 19 3.2. Legal Description ...... 20 3.3. Previous Development ...... 21 3.4. Surrounding Development ...... 24 3.5. Topography ...... 25 3.6. Built Heritage ...... 25 3.7. Transport & Accessibility...... 28 3.7.1. Public Transport ...... 28 3.7.2. Road Network ...... 29 3.7.3. Bicycle Network ...... 29 3.7.4. Pedestrian Access ...... 30 3.8. Open Space & Special Areas ...... 30 3.9. Utilities & Infrastructure (Services) ...... 31 4. Proposed Modification ...... 32 4.1. Detailed Description of the Proposed Modification ...... 32 4.1.1. Amendments to Building Envelope ...... 32 4.1.2. Allow protrusions to Building Envelope...... 34 4.1.3. Increase permissible Gross Floor Area ...... 39 4.1.4. Replace Concept Approval plans with updated plans ...... 40 4.1.5. Concurrent Amendment to Design Guidelines ...... 44 4.2. Numeric Overview of Proposed Changes...... 45 4.3. Modifications to Conditions of Consent ...... 45 4.4. Relationship Between OSD (SSD) & Station (CSSI) Components ...... 48 4.5. Urban Design Drivers...... 49 4.6. Built Form Guidelines...... 50 4.7. Indicative Scheme ...... 51 5. Consultation ...... 52 5.1. Community Consultation ...... 52 5.2. Government Agencies & Other Stakeholders ...... 55 5.3. Sydney Metro Design Review Panel ...... 58 6. Substantially the Same Development ...... 60 7. Strategic and Statutory Context ...... 62

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7.1. Strategic Context ...... 62 7.1.1. Central Sydney Section 94 Development Contributions Plan ...... 68 7.1.2. Draft Local Strategic Planning Statement – City Plan 2036 ...... 68 7.2. Statutory Planning Context ...... 70 7.2.1. Environmental Planning & Assessment Act 1979 (EP&A Act 1979) ...... 70 7.2.2. Biodiversity Conservation Act 2016 ...... 71 7.2.3. Airports Act 1996 ...... 72 7.2.4. State Environmental Planning Policies (SEPPs) ...... 72 7.2.5. Sydney Local Environmental Plan 2012 (SLEP) ...... 75 7.2.6. Sydney Development Control Plan 2012 (SDCP) ...... 77 7.2.7. Draft Sydney Local Environmental Plan 2020 ...... 78 8. Environmental Assessment ...... 79 8.1. Built Form and Urban Design ...... 79 8.2. Additional Gross Floor Area ...... 83 8.3. Visual and View Impacts ...... 91 8.4. Setbacks and Building Separation ...... 91 8.5. Solar Access and Overshadowing ...... 94 8.6. Design Excellence ...... 95 8.7. Integration with Metro Station and Public Domain ...... 96 8.8. Other Matters ...... 96 8.9. Suitability of the Site ...... 97 8.10. Public Interest ...... 98 9. Revised and Consolidated Environmental Mitigation Measures ...... 99 10. Justification and Conclusion ...... 100 Secretary’s Environmental Assessment Requirements ...... 103 Site Survey ...... 104 Modified Building Envelope Plans ...... 105 Built Form and Urban Design Report ...... 106 Ecologically Sustainable Development Report ...... 107 Heritage Impact Assessment ...... 108 Wind Assessment ...... 109 View / Visual Impact Assessment ...... 110 Solar Analysis Report ...... 111 Pre-Submission Consultation Report ...... 112

FIGURES: Figure 1 – Sydney Metro Alignment Map ...... 5 Figure 2 – Concept Building Envelope ...... 7 Figure 3 – Sydney Metro Alignment Map ...... 16 Figure 4 – Typical over station development interface ...... 17 Figure 5 – Design Excellence Process ...... 18 Figure 6 – Site Aerial Photograph ...... 19 Figure 7 – Context Map ...... 20 Figure 8 – Site Survey ...... 21 Figure 9 – Site Photos ...... 23 Figure 10 – Surrounding Development – Key Sites ...... 24 Figure 11 – Heritage Items ...... 25 Figure 12 – Public Transport Context ...... 28

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Figure 13 – Open Space in the vicinity of the site ...... 31 Figure 14 – Envelope Modification – Pitt Street ...... 33 Figure 15 - Envelope Modification – Castlereagh Street ...... 33 Figure 16 – Eastern and Western Façades ...... 34 Figure 17 – Northern Façade ...... 35 Figure 18 – Southern Façade ...... 35 Figure 19 – Lower Podium Façade Protrusions ...... 36 Figure 20 – Upper Podium Façade Protrusions ...... 36 Figure 21 – Typical Tower Façade ...... 37 Figure 22 – Level 10 Terrace Section ...... 38 Figure 23 – Level 11 Terrace ...... 39 Figure 24 – Expected envelope utilisation ...... 40 Figure 25 – Approved delineation of OSD and Metro use on the ground plane ...... 41 Figure 26 – Proposed delineation of OSD and Metro use on the ground plane ...... 41 Figure 27 – Proposed movement diagram ...... 42 Figure 28 – Modified demarcation of Station and OSD uses ...... 43 Figure 29 – CSSI approval and Concept SSD DA delineation of approvals...... 49 Figure 30 – SLEP 2012 Land Zoning Map ...... 75 Figure 31 – Modified Building Envelope - Pitt Street ...... 80 Figure 32 – Modified Building Envelope - Park Street ...... 80 Figure 33 – Modified Building Envelope – Castlereagh Street ...... 81 Figure 34 – Surrounding street widths ...... 82 Figure 35 – Approved Tower Envelope ...... 92 Figure 36 – Proposed Tower Setbacks ...... 92 Figure 37 – Weighted Average Setback L10- L18 ...... 93 Figure 38 - Weighted Average Setback L19- L34 ...... 94 Figure 39 – Overshadowing of Hyde Park, 21 September ...... 95 Figure 40 – Special Areas shadow analysis, 31 August ...... 95

PICTURES: Picture 1 – View from corner of Park and Pitt Streets ...... 23 Picture 2 – Looking north along Pitt Street (site on right) ...... 23 Picture 3 – Looking east along Park Street (site on left) ...... 23 Picture 4 – Looking south along Castlereagh Street (site on right) ...... 23 Picture 5 – Looking west along Park Street (site on right) ...... 23 Picture 6 – Looking west along Park Street (site on right) ...... 23 Picture 7 – North, East and West, South Façades Respectively ...... 36 Picture 8 – North, East and West, South Façades Respectively ...... 36 Picture 9 - North, North, South, East, West Façades Respectively ...... 37 Picture 10 – Approved Level 1 ...... 43 Picture 11 – Proposed Level 1 ...... 43 Picture 12 – Approved Level 2 ...... 43 Picture 13 – Proposed Level 2 ...... 43 Picture 14 – Approved Level 3 ...... 43 Picture 15 – Proposed Level 3 ...... 43 Picture 16 – Approved Level 4 ...... 44 Picture 17 – Proposed Level 4 ...... 44

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TABLES: Table 1 – Summary of SEARs Requirements ...... 13 Table 2 – Former development ...... 21 Table 3 – Heritage items in the vicinity of the site ...... 26 Table 4 – Numerical Overview ...... 45 Table 5 – Amendment to Conditions of Consent SSD 8875 ...... 45 Table 6 – Summary of Community Consultation Activities ...... 52 Table 7 – Summary of Responses to Community Consultation Matters ...... 53 Table 8 – Summary of Feedback from Government Agencies ...... 55 Table 9 – Consideration of proposed amendments against strategic planning context ...... 62 Table 10 – Objects of the EP&A Act ...... 70 Table 11 – Consistency with Relevant SEPPs ...... 72 Table 12 – SLEP 2012 Compliance of Development Standards...... 76 Table 13 – Consistency of the Proposed Development with Key Provisions of the SDCP ...... 77 Table 14 – Quantum of Gross Floor Area ...... 83 Table 15 – Assessment of consistency with the objectives of the FSR standard ...... 85 Table 16 – Assessment of Compliance with Land Use Zone Objectives...... 88 Table 17 – Consideration of Other Matters ...... 96

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DECLARATION SUBMISSION OF PLANNING REPORT This planning report has been prepared generally in accordance with Schedule 2 of the Environmental Planning and Assessment Regulations 2000. Planning Report prepared by:

Name Jacqueline Parker (Director) Master of Urban Development and Design, University of NSW

Bachelor of Planning (Hons 1), University of NSW

Jayne Klein (Associate Director)

Master of Resource and Environmental Planning, Massey University

Bachelor of Planning, University of Auckland

Genevieve Beard (Senior Consultant)

Bachelor of Science, Sydney University

Graduate Diploma in Development Planning, Curtin University

Address Urbis Pty Ltd Angel Place, Level 8, 123 Pitt Street, Sydney NSW 2000

Applicant and Land Details: Applicant Pitt Street Developer North Pty Ltd

Address Level 19, 126 Phillip Street, Sydney NSW 2000

Land Details Pitt Street Sydney (Lot 20 DP 1255509)

Project Section 4.55(2) modification to the State Significant Development concept approval (SSD 8875) for a commercial over station development above the new Sydney Metro Pitt Street North Station.

Declaration: I/We certify that the contents of the planning report, to the best of our knowledge, has been prepared as follows:

• In accordance with the requirements of the Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2000 and State Environmental Planning Policy (State and Regional Development) 2011;

• Containing all available information that is relevant to the environmental assessment of the development, activity or infrastructure to which the statement relates; and

• The information contained in this report is true in all material particulars and is not misleading.

Name Jacqueline Parker, Jayne Klein, Genevieve Beard, Director Associate Director Senior Consultant

Signature

Date 25 June 2020 25 June 2020 25 June 2020

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GLOSSARY AND ABBREVIATIONS

Abbreviation Meaning

AHD Australian Height Datum

BCA Building Code of Australia

CIV Capital Investment Value

CMP Construction Management Plan

Consent Development Consent

Council City of Sydney Council

CPTED Crime Prevention Through Environmental Design

CSMP Construction and Site Management Plan

CSSI Critical State Significant Infrastructure

CTMP Construction Traffic Management Plan

DA Development Application

DPE NSW Department of Planning and Environment (Title of NSW Department of Planning, Industry and Environment prior to 1 July 2019)

DPIE NSW Department of Planning, Industry and Environment

DRP Design Review Panel

EP&A Act Environmental Planning and Assessment Act 1979

EPA NSW Environment Protection Authority

EPBC Act Environment Protection and Biodiversity Conservation Act 1999 (Cth)

ESD Ecologically Sustainable Design

GANSW NSW Government Architect’s Office

GFA Gross Floor Area

HIA Heritage Impact Assessment

IAP Interchange Access Plan

LGA Local Government Area

NCC National Construction Code

SDCP Sydney Development Control Plan 2012

SLEP Sydney Local Environmental Plan 2012

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CONTENTS Abbreviation Meaning

OSD Over Station Development

PIR Preferred Infrastructure Report

RMS Roads and Maritime Services

SEARs Secretary's Environmental Assessment Requirements

SDPP Station Design and Precinct Plan

SEPP State Environmental Planning Policy

SEPP 55 State Environmental Planning Policy No.55 – Remediation of Land

SEPP 64 State Environmental Planning Policy No. 64 – Advertising and Signage

SRD SEPP State Environmental Planning Policy (State and Regional Development) 2011

SSD State Significant Development

TfNSW Transport for New South Wales

Urbis Urbis Pty Ltd

WSUD Water Sensitive Urban Design

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EXECUTIVE SUMMARY This planning report has been prepared to accompany a section 4.55(2) modification application to the State Significant Development (SSD) concept approval (reference SSD-8875) granted for an over station development (OSD) above the Sydney Metro Pitt Street North Station. This report has been prepared having regard to the Secretary’s Environmental Assessment Requirements (SEARs) dated 30 November 2017 and reissued on 26 July 2018 included at Appendix A and should read in conjunction with the supporting technical documents provided at Appendix B – J. This report has been prepared in accordance with the Environmental Planning and Assessment Act 1979 (EP&A Act) and provides an assessment of the proposed modification against the relevant considerations contained within Section 4.55(2) of the EP&A Act. SYDNEY METRO Sydney Metro is Australia’s biggest public transport program. A new standalone railway, this 21st century network will revolutionise the way Sydney travels. There are four core components: a) Sydney Metro Northwest (formerly the 36km North West Rail Link) This project is now complete and passenger services commenced in May 2019 between Rouse Hill and Chatswood, with a metro train every four minutes in the peak. The project was delivered on time and $1 billion under budget. b) Sydney Metro City & Southwest Sydney Metro City & Southwest project includes a new 30km metro line extending metro rail from the end of Metro Northwest at Chatswood, under Sydney Harbour, through new CBD stations and southwest to Bankstown. It is due to open in 2024 with the ultimate capacity to run a metro train every two minutes each way through the centre of Sydney. Sydney Metro City & Southwest will deliver new metro stations at Crows Nest, Victoria Cross, Barangaroo, Martin Place, Pitt Street, Waterloo and new underground metro platforms at Central Station. In addition, it will upgrade and convert all 11 stations between Sydenham and Bankstown to metro standards. In 2024, customers will benefit from a new fully air conditioned Sydney Metro train every four minutes in the peak in each direction with lifts, level platforms and platform screen doors for safety, accessibility and increased security. c) Sydney Metro West Sydney Metro West is a new underground railway connecting Greater Parramatta and the Sydney CBD. This once-in-a-century infrastructure investment will transform Sydney for generations to come, doubling rail capacity between these two areas, linking new communities to rail services and supporting employment growth and housing supply between the two CBDs. The locations of seven proposed metro stations have been confirmed at Westmead, Parramatta, Sydney Olympic Park, North Strathfield, Burwood North, Five Dock and The Bays. The NSW Government is assessing an optional station at Pyrmont and further planning is underway to determine the location of a new metro station in the Sydney CBD. d) Sydney Metro - Western Sydney Airport Metro rail will also service Greater Western Sydney and the new Western Sydney International (Nancy Bird Walton) Airport. The new railway line will become the transport spine for the Western Parkland City’s growth for generations to come, connecting communities and travellers with the rest of Sydney’s public transport system with a fast, safe and easy metro service. The Australian and NSW governments are equal partners in the delivery of this new railway. Additional information can be obtained from the Sydney Metro website at www.sydneymetro.info. The Sydney Metro project is illustrated in Figure 1.

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CONTENTS On 9 January 2017, the Minister for Planning approved the Sydney Metro City & Southwest - Chatswood to Sydenham project as a Critical State Significant Infrastructure project (reference SSI 15_7400) (CSSI Approval). The terms of the CSSI Approval includes all works required to construct the Sydney Metro Pitt Street North Station, including the demolition of existing buildings and structures on both sites. The CSSI Approval also consists of the construction of below and above ground improvements with the metro station structure for appropriate integration with the OSD. With regards to CSSI related works, any changes to the “metro box envelope” and public domain will be pursued in satisfaction of the CSSI conditions of approval and do not form part of the scope of the Concept SSD DA for the OSD.

Figure 1 – Sydney Metro Alignment Map

Source: Sydney Metro THE SITE The site is legally described as Lot 20 DP1255509 and comprises the southern extent of the Sydney CBD block bounded by Pitt Street, Park Street and Castlereagh Street. References within the report to the Sydney Metro Pitt Street North Station site relate to the Sydney Metro Pitt Street Station northern site only. This detailed SSD DA does not relate to the Sydney Metro Pitt Street Station southern site located on the south-east corner of the Bathurst Street and Pitt Street intersection. BACKGROUND CCSI Approval (SSI 15_7400) On 9 January 2017, the Minister for Planning approved the Sydney Metro City & Southwest – Chatswood to Sydenham project as a Critical State Significant Infrastructure project (reference SSI 15_7400) (CSSI Approval). The CSSI approval granted consent for: Construction and operation of a metro rail line, approximately 16.5 kilometres long (of which approximately 15.5 kilometres is located in underground rail tunnels) between Chatswood and Sydenham, including the construction of a tunnel under Sydney Harbour, links with the existing rail network, seven metro stations, and associated ancillary infrastructure. The terms of the CSSI approval include all works required to construct each of the Sydney metro stations, including the Pitt Street Station. Except to the extent described in the EIS or Preferred Infrastructure Report

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(PIR) submitted with the CSSI application, any OSD buildings and uses do not form part of the CSSI Approval and are subject to a separate Detailed SSD DA. Concept SSD DA (SSD-8875) The Minister for Planning granted development consent to the Concept SSD (SSD-8875) on 25 June 2019. Concept approval was granted for:

• A maximum building envelope, including street wall and setbacks for the over station development;

• A maximum building height of RL 188.74 metres;

• A maximum gross floor area of 50,310m² (including station floor space);

• Podium level car parking for a maximum of 50 parking spaces; and

• Conceptual land use for either one of a mixed-use or commercial scheme (not both). THE PROPOSAL The scope of works to deliver the Pitt Street North Station integrated development is generally separated into station works up to the transfer slab level (between levels 4 and 5), and OSD works above. The station works approved under the CSSI Approval include the construction of below and above ground structures necessary for delivering the station and also enabling the construction of the integrated OSD. This includes but is not limited to:

• Demolition of existing development;

• Excavation;

• Station structure including concourse and platforms;

• Lobbies;

• Public domain improvements;

• The station portal link;

• Access arrangements including vertical transport such as escalators and lifts; and

• Structure and service elements and relevant space provisioning necessary for constructing the OSD, such as columns and beams, space for lift cores, plant rooms, access, parking, and building services. Sydney Metro appointed Pitt Street Developer North Pty Ltd as the preferred development partner to deliver the Pitt Street North Station OSD. Through ongoing design development between Pitt Street Developer North Pty Ltd and Sydney Metro, minor modifications to the approved Concept SSD DA are required to respond to functional brief requirements and recommendations of the design excellence process. This section 4.55(2) modification application proposes the following changes to the approved OSD Concept DA SSD-8875:

• Amend the concept building envelope plans approved on 25 June 2019 by the Minister under application number SSD 8875 to modify the podium envelope

− at the Castlereagh Street façade to facilitate better built form relationship with the scale of the adjacent Masonic Building;

− at the Pitt Street façade to facilitate better built form relationship with the scale of the adjacent National Building;

• Amend conditions A15 and A17 to permit the protrusion beyond the building envelope for the purpose of sunshading elements, planted elements and balustrades;

• Increase the total GFA across the site to 55,743sqm (including station floorspace);

• Replace Concept Approval plans to show interrelationship of proposed OSD floor space with station floor space; and

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CONTENTS • Make minor amendments to the Design Guidelines in respect to podium heights and tower setbacks. It is noted that the Concept SSD DA instrument of approval does not approve any physical works commencing on site. A Detailed SSD DA seeking consent for the detailed construction of the proposed development is lodged under a different cover concurrently with this Concept SSD DA modification application. The approved Concept SSD DA includes the use of areas inside the CSSI “metro box” for the purposes of OSD related uses. The envelope drawings denote the Pitt Street Station CSSI approved works or “metro box” in pink, whereas the OSD envelope is shown in light blue (illustrated in Figure 2).

Figure 2 – Concept Building Envelope

Source: SSD-8875 Approved Building Envelope Plans

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PLANNING CONTEXT The EP&A Act establishes the assessment framework for SSD, and section 4.36 indicates that a state environmental planning policy may declare a development to be SSD. The State Environmental Planning Policy (State and Regional Development) 2011 (SRD SEPP) identifies development that is SSD, SSI (including critical) and regionally significant development. As the proposal is for the purposes of ‘commercial premises’ associated with railway infrastructure and has a capital investment value (CIV) of more than 30 million, it is classified as SSD pursuant to clause 19(2), Schedule 1 of the SRD SEPP. The Minister for Planning, or their delegate, is the consent authority for the SSD DA. Accordingly, this modification application is lodged with the NSW Department of Planning, Industry and Environment (DPIE) for assessment under section 4.55(2) of the EP&A Act. Section 7 of the planning report considers all applicable strategic and statutory planning legislation in detail. KEY PLANNING ASSESSMENT This planning report responds to the SEARs requirements issued for the concept development (refer Section 1.6) and provides an assessment of the relevant planning instruments, policies and guidelines and demonstrates that the proposal does not result in any unreasonable environmental impacts. The assessment demonstrates that the impacts resulting from the proposed development are commensurate with the impacts resulting from the originally approved development. Specifically, the proposed modifications to the concept approval are considered reasonable because:

• The project remains consistent with NSW Government and City of Sydney Council policies including the Greater Sydney Region Plan, the Eastern City District Plan, Sydney Local Environmental Plan 2012 and the Sydney Development Control Plan 2012.

• The project will continue to provide a range of benefits to the region and State as a whole, including employment generation within a site with excellent access to public transport and services.

• Notwithstanding the proposed modifications, the approved development remains a mixed-use or commercial office scheme.

• The proposed modifications to the OSD building envelope, do not result in any significant impacts on the community and environment beyond which was originally considered in the assessment of SSD-8875.

• There is no additional impact upon views from surrounding buildings and open spaces.

• The modifications are a result of design development undertaken in accordance with the approved Design Excellence strategy and in response to the Design Guidelines.

• There is no additional overshadowing resulting from the proposed GFA increase, elements protruding beyond the building envelope and modification of the podium envelope.

• The project remains suitable for the site maximising the integration with the new Sydney Metro Pitt Street North Station, leveraging significant NSW government investment in public transport to the site. In light of the above, notwithstanding the proposed changes to the approved concept SSD DA, the project remains in the public interest and the modification application warrants approval.

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CONTENTS 1. INTRODUCTION 1.1. OVERVIEW This planning report has been prepared to accompany a Section 4.55(2) modification application to the State Significant Development (SSD DA) concept approval (reference SSD-8875) granted for a concept Over Station Development (OSD) above the new Sydney Metro Pitt Street North Station. This report has been prepared in response to the requirements contained within the Secretary’s Environmental Assessment Requirements (SEARs) issued on 30 November 2017 (and modified on 26 July 2018) included within Appendix A and should be read in conjunction with the supporting documents provided at Appendix B – J. The Minister for Planning granted development consent to the Concept SSD DA on 25 June 2019 under SSD-8875. The concept approval was granted for:

• A maximum building envelope, including street wall and setbacks for the over station development;

• A maximum building height of RL 188.74 metres;

• A maximum gross floor area of 50,310m² (including station floor space);

• Podium level car parking for a maximum of 50 parking spaces; and

• Conceptual land use for either one of a mixed-use or commercial scheme (not both). Following the completion of a competitive bid process, Sydney Metro appointed Pitt Street Developer North Pty Ltd as the preferred development partner to deliver the Pitt Street North Station OSD. Through ongoing design development between Pitt Street Developer North Pty Ltd and Sydney Metro, minor modifications to the approved Concept SSD DA are required to respond to functional brief requirements and recommendations of the design excellence process. As such, this report has been prepared by Urbis Pty Ltd on behalf of Pitt Street Developer North Pty Ltd, the applicant of the Section 4.55(2) modification application to the State Significant Development (SSD-8875). This section 4.55(2) modification application proposes the following changes to the approved OSD Concept DA SSD-8875:

• Amend the concept building envelope plans approved on 25 June 2019 by the Minister under application number SSD 8875 to modify the podium envelope

− at the Castlereagh Street façade to facilitate better built form relationship with the scale of the adjacent Masonic Building;

− at the Pitt Street façade to facilitate better built form relationship with the scale of the adjacent National Building, and continuing round to the Park Street and southern Castlereagh Street facades;

• Amend conditions A15 and A17 to permit the protrusion beyond the building envelope for the purpose of sunshading elements, planted elements and balustrades;

• Increase in the total GFA across the site to 55,743sqm (including station floorspace);

• Replace Concept Approval plans to show interrelationship of proposed OSD floor space with station floor space; and

• Make minor amendments to the Design Guidelines in respect to podium heights and tower setbacks. It is noted that the Concept SSD DA instrument of approval does not approve any physical works commencing on site. A Detailed SSD DA seeking consent for the detailed construction of the proposed development is lodged under a different cover concurrently with this Concept SSD DA modification application.

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1.2. STRATEGIC PROJECT NEED As identified in the Greater Sydney Region Plan (2018), Sydney’s population is forecast to grow to eight million by 2056. Sydney Metro responds to the transport demand that will accompany this growth with its plan to deliver a new standalone railway with 31 stations and more than 66 kilometres of new rail. Once completed, Sydney Metro, along with other signalling and infrastructure upgrades across the existing networks, will increase the capacity of Sydney’s train services from approximately 120 per hour today up to 200 services beyond 2024 – a 60 per cent increase resulting in an extra 100,000 train customers per hour in the peak. The project was endorsed by the NSW Government as a key component of Sydney’s Rail Future: Modernising Sydney’s Trains (2012) and is a committed initiative within the Future Transport Strategy 2056. Pitt Street North Station is a key new station on the Sydney Metro network. This station will provide a new focal point for the Sydney CBD and extending the rail catchment north within the Sydney CBD. The station will also improve access to Sydney’s highly skilled job market and education facilities and improve pedestrian access in the area. The modification application facilitates the lodgement of the Detailed SSD DA which capitalises on the introduction of Sydney Metro by providing for a commercial office tower integrated with the future Pitt Street North Station. As outlined in the Detailed SSD DA lodged concurrently with the modification application, the applicant proposes to pursue a commercial scheme. Additional commercial office floor space in this location will strengthen Sydney’s role as a global city and will align with a key action in the Eastern City District Plan by maximising employment opportunities in proximity to new infrastructure. The modification application also supports the Detailed SSD DA, which provides a retail tenancy on level 1 of the podium of the OSD and the Pitt Street North Station. The provision of additional GFA within the OSD will allow for further activation and economic use of the site, and the provision of complementary uses that will further improve the services available to the users of the station and surrounding locality. The modification application’s consistency with key strategic plans, strategies and policies is discussed in detail in Section 7 of this EIS. 1.3. NEED FOR THE MODIFICATION The modification application to the approved Concept SSD DA 8875 forms part of a broader planning process to realise the vision for an integrated station development at the subject site. As a result of detailed design development undertaken in conjunction with a competitive bid process and detailed design excellence process, the detailed design of the OSD has evolved since the approval of the building envelope. Modification of the podium envelope is sought to facilitate an improved built form relationship with the scale of adjacent heritage-listed buildings as required by the Pitt Street North Design Guidelines. The height of the podium has been increased by 1.66m to an RL of 46.6 resulting in a direct alignment with the parapet height of the heritage listed National Building on Pitt Street. This podium height is continued along Pitt Street, Park Street and the southern portion of the Castlereagh Street façade. The northern portion of the Castlereagh Street façade has been aligned with the scale of the adjacent heritage-listed Masonic Building. As part of the strategy to achieve outstanding ESD, the modification application seeks to amend conditions A15 and A17 to allow protrusion of the building envelope by sunshading elements, planted elements and balustrades resulting in no additional floor space. The detailed design also seeks an increase in total GFA across the site to 55,743sqm (including station floorspace) to make more efficient use of the site’s floorspace potential within the approved envelope (noting that the amendment to the building envelope to align the podium with adjacent heritage buildings does not result in an increase in GFA). The layout of the OSD uses within the 'metro box' has been adjusted/updated to reflect the further design development of the station. Accordingly, this modification application proposes to amend the approved concept building envelope plans referenced in Condition A2. The final aspect of the modification is to make minor amendments to the Design Guidelines with regard to podium heights and tower setbacks to ensure that the detailed design is able to comply with the Design Guidelines while delivering an improved built form result for the development.

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CONTENTS 1.4. DETAIL OF THE MODIFICATION This section 4.55(2) modification application proposes the following changes to the approved OSD Concept DA SSD-8875:

• Amend the concept building envelope plans approved on 25 June 2019 by the Minister under application number SSD 8875 to modify the podium envelope

− at the Castlereagh Street façade to facilitate better built form relationship with the scale of the adjacent Masonic Building;

• Amend condition A15 and A17 to permit the protrusion beyond the building envelope for the purpose of sunshading elements, planted elements and balustrades;

• Increase in the total GFA across the site to 55,743sqm (including station floorspace);

• Replace Concept Approval plans to show interrelationship of proposed OSD floor space with station floor space; and

• Make minor amendments to the Design Guidelines in respect to podium heights and tower setbacks. Amend building envelope podium height Further design development of the OSD development as part of detailed development (Stage 2) application has identified that amendment of the approved envelope is required to raise the podium height to enable alignment of the podium with the Masonic Building on Castlereagh Street and the National Building on Pitt Street to provide an improved relationship of the proposed building to these existing adjacent heritage buildings. The podium height is also increased along the Park Street frontage to reflect the increased Pitt and Castlereagh street facades. Amend conditions A15 and A17 to allow protrusions Protrusions beyond the building envelope are proposed on three of the elevations to allow for sunshading elements, planted elements, balustrades and planter boxes. The proposed amendment to Conditions A15 and A17 of the Stage 1 consent seeks to permit these minor projections to the following extent: Lower and upper podium -

• A maximum 210mm projection from the eastern façade;

• A maximum 210mm projection from the western façade; and

• A maximum 410mm projection from the southern façade. Increase in total GFA across the site The modification seeks to increase the total GFA on the site to 55,743sqm (including station floorspace) to optimise the commercial and retail floorspace provided on the site in a key central CBD location. The proposed increase from the Concept DA maximum GFA of 50,310sqm (including station floor space) equates to a 10.8% increase in the total GFA on the site. Replace Concept Approval plans to show interrelationship of proposed OSD floor space with station floor space The layout of the OSD uses within the 'metro box' has been adjusted/updated to reflect the further design development of the station. Accordingly, this modification application proposes to amend the approved concept building envelope plans referenced in Condition A2. Minor Amendments to Design Guidelines Amendments are required to the Design Guidelines to adjust some existing design requirements to reflect the proposed modifications to the building envelope and the resolved building design.

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Condition B1 requires that the detailed development application(s) shall address compliance with the Design Guidelines. Whilst the detailed SSD DA is generally compliant with the contents of the Design Guidelines, it is inconsistent with some elements, hence for consistency some minor modifications are sought to reflect design development. A proposed wording amendment to Condition B1 is detailed in Table 5. Details on the specific rationale for the modifications to the Design Guidelines are set out below. To reflect the resolved building design, an amendment to the Design Guidelines is sought to allow a combined frontage weighted average setback along Pitt, Park and Castlereagh Streets as opposed to a street by street approach. This is included in the following section of the Design Guidelines: Built Form above the Podium 2. Compliance with City of Sydney LEP 2012 street setbacks of 8m to Pitt, Castlereagh and Park Street, with potential to provide an averaged setback along Park Street to align with station structure. Also included in this modification is amendment of the above guideline to state that the control comes from the Sydney DCP not the LEP. A further amendment required to the Design Guidelines is to reflect the change sought to the approved building envelope to increase the podium height along Castlereagh, Park and Pitt Streets from 45m to 46.6m/50.4m to better respond to the scale and transition from the adjoining heritage buildings: Podium and Street Wall 1. Recognising the surrounding streetscape scale and providing an enhanced interface with adjacent heritage buildings, with direct reference to the height and articulation of these buildings including: (f) A 45m street wall podium height, referencing Ashington Place (National Building) (284A-250 Pitt Street) and NSW Masonic Club (169-173 Castlereagh Street). Section 4 and Section 8 of this report provide a detailed assessment of the modifications sought and the mitigation measures to address any potential impacts of the proposal. No changes are proposed within this modification application to the approved maximum height of the building envelope at RL188.74, maximum car parking spaces, or strategies for design excellence. Section 4 and Section 8 of this report provide a detailed assessment of the modifications sought and the mitigation measures to address any potential impacts of the proposal. 1.5. REPORT STRUCTURE This planning report provides the following:

• A description of the site and surrounding context, including identification of the site, existing development on the site and surrounding development;

• A description of the consultation undertaken with respect to the proposal and proposed amendments to the approved envelope;

• A detailed description of the proposed modifications to the approved development;

• A justification for the proposed modifications;

• An assessment of the development as proposed to be modified against the relevant strategic and statutory planning controls; and

• An assessment of environmental and community impacts of the proposed modifications and the proposed mitigation measures. 1.6. SECRETARY’S ENVIRONMENTAL ASSESSMENT REQUIREMENTS This report has been prepared having regard to the SEARs 30 November 2017 (and modified on 26 July 2018) (Appendix A). It is noted that the DPIE confirmed on 4 June 2020 that revised SEARs are not required in light of the scope of the proposed modifications. Specifically, this report provides a response to the following relevant requirements.

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CONTENTS Table 1 – Summary of SEARs Requirements Relevant Secretary Requirement Section Addressed

1. Environmental Planning Instruments, Section 7 Policies and Guidelines

2. Land Use, Gross Floor Area and Floor Built Form and Urban Design Report at Appendix D; and as Space Ratio outlined within the concurrent Detailed SSD DA (SSD-10375) which seeks consent for the construction of the development.

3. Design Excellence and Built Form Endorsed Design Excellence Strategy at Section 8.6; Urban Design Report at Appendix D.

4. Built Form and Urban Design Section 8.1; Urban Design Report at Appendix D; and as outlined within the concurrent Detailed SSD DA (SSD-10375) which seeks consent for the construction of the development.

5. Integration with Sydney Metro Station Section 4.4; Section 8.7 Infrastructure

6. Amenity Solar Access and Overshadowing: Section 0; Section 8.5; Urban Design Report at Appendix D.

View impact: Section 8.2; Visual and View Impact Assessment at Appendix H.

Wind impact: Section 8.8. Wind Assessment at Appendix G.

7. Heritage Section 8.8 and Heritage Impact Statement at Appendix F.

8. Transport, Traffic, Parking and Access No change proposed; addressed within the concurrent (operation) Detailed SSD DA (SSD-10375) which seeks consent for the construction of the development.

9. Ecologically Sustainable Development Section 8.8 and ESD Report at Appendix E. (ESD)

10. Biodiversity Section 7.2.2

11. Public Benefits, Contributions and/or Section 7.1.1 VPA

12. Prescribed airspace for Sydney Airport Section 7.2.3

13. Utilities No change proposed; addressed within the concurrent Detailed SSD DA (SSD-10376) which seeks consent for the construction of the development.

14. Staging No change proposed; addressed within the concurrent Detailed SSD DA (SSD-10376) which seeks consent for the construction of the development.

Section 5; Pre-Submission Consultation Report at Appendix 15. Consultation J.

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1.7. OTHER APPROVALS In addition to the approvals noted elsewhere in this document, other approvals will be required in the future to permit the construction of the OSD. These approvals may include, but are not limited to, the following: • Approvals under the Roads Act 1993 (including Section 138 approvals) may be required in the construction scenario where the station has been completed while OSD works are ongoing. A consent under section 138 of the Roads Act 1993 cannot be refused if it is necessary for carrying out SSD that is authorised by a development consent and is substantially consistent with the consent. • An environment protection licence under the Protection of the Environment Operations Act 1997. An environment protection licence under Chapter 3 of the Protection of the Environment Operations Act 1997 cannot be refused if it is necessary for carrying out SSD that is authorised by a development consent and is substantially consistent with the consent. • A compliance certificate issued under Section 73 of the Sydney Water Act 1994. • Approval for Obstacle Limitation Surface (OLS) protrusion under the Airports (Protection of Airspace) Regulations to ensure construction and the proposed building do not interfere with operations and safety of Sydney Airport. • It is noted that the Outer Horizontal Surface of the OLS across the site is 156m AHD; the proposed maximum building height is consistent with the approved building height under the Concept OSD SSD 8875.

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CONTENTS 2. BACKGROUND 2.1. SYDNEY METRO Sydney Metro is Australia’s biggest public transport program. A new standalone railway, this 21st century network will revolutionise the way Sydney travels. There are four core components: a) Sydney Metro Northwest (formerly the 36km North West Rail Link) This project is now complete and passenger services commenced in May 2019 between Rouse Hill and Chatswood, with a metro train every four minutes in the peak. The project was delivered on time and $1 billion under budget. b) Sydney Metro City & Southwest Sydney Metro City & Southwest project includes a new 30km metro line extending metro rail from the end of Metro Northwest at Chatswood, under Sydney Harbour, through new CBD stations and southwest to Bankstown. It is due to open in 2024 with the ultimate capacity to run a metro train every two minutes each way through the centre of Sydney. Sydney Metro City & Southwest will deliver new metro stations at Crows Nest, Victoria Cross, Barangaroo, Martin Place, Pitt Street, Waterloo and new underground metro platforms at Central Station. In addition, it will upgrade and convert all 11 stations between Sydenham and Bankstown to metro standards. In 2024, customers will benefit from a new fully air conditioned Sydney Metro train every four minutes in the peak in each direction with lifts, level platforms and platform screen doors for safety, accessibility and increased security. c) Sydney Metro West Sydney Metro West is a new underground railway connecting Greater Parramatta and the Sydney CBD. This once-in-a-century infrastructure investment will transform Sydney for generations to come, doubling rail capacity between these two areas, linking new communities to rail services and supporting employment growth and housing supply between the two CBDs. The locations of seven proposed metro stations have been confirmed at Westmead, Parramatta, Sydney Olympic Park, North Strathfield, Burwood North, Five Dock and the Bays. The NSW Government is assessing an optional station at Pyrmont and further planning is underway to determine the location of a new metro station in the Sydney CBD. d) Sydney Metro - Western Sydney Airport Metro rail will also service Greater Western Sydney and the new Western Sydney International (Nancy Bird Walton) Airport. The new railway line will become the transport spine for the Western Parkland City’s growth for generations to come, connecting communities and travellers with the rest of Sydney’s public transport system with a fast, safe and easy metro service. The Australian and NSW governments are equal partners in the delivery of this new railway. Additional information can be obtained from the Sydney Metro website at www.sydneymetro.info. The Sydney Metro project is illustrated in Figure 3 below. On 9 January 2017, the Minister for Planning approved the Sydney Metro City & Southwest - Chatswood to Sydenham project as a Critical State Significant Infrastructure project (reference SSI 15_7400) (CSSI approval). The terms of the CSSI approval includes all works required to construct the Sydney Metro Pitt Street North Station, including the demolition of existing buildings and structures on both sites. The CSSI approval also includes the construction of below and above ground improvements with the metro station structure for appropriate integration with the OSD. With regards to CSSI related works, any changes to the “metro box envelope” and public domain will be pursued in satisfaction of the CSSI conditions of approval and do not form part of the scope of the Concept SSD DA for the OSD.

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Figure 3 – Sydney Metro Alignment Map

Source: Sydney Metro 2.2. CSSI APPROVAL SYDNEY METRO CITY & SOUTHWEST (SSI 15_7400) On 9 January 2017, the Minister for Planning approved the Sydney Metro City & Southwest – Chatswood to Sydenham project as a Critical State Significant Infrastructure project (reference SSI 15_7400) (CSSI approval). The CSSI approval granted consent for: Construction and operation of a metro rail line, approximately 16.5 kilometres long (of which approximately 15.5 kilometres is located in underground rail tunnels) between Chatswood and Sydenham, including the construction of a tunnel under Sydney Harbour, links with the existing rail network, seven metro stations, and associated ancillary infrastructure. The terms of the CSSI approval include all works required to construct each of the Sydney metro stations, including the Pitt Street North Station. Except to the extent described in the EIS or Preferred Infrastructure Report (PIR) submitted with the CSSI application, any OSD buildings and uses, do not form part of the CSSI approval and will be subject to the relevant assessment pathway prescribed by the EP&A Act. The CSSI approval includes the construction of all below and above ground works required to deliver the Sydney Metro Pitt Street North Station. The Sydney Metro CSSI EIS and PIR outlines the integration between the future OSD and the Pitt Street North Station. The EIS and PIR clarifies this further by identifying that, subject to detailed design, the Sydney metro stations will include:

• Structural elements (steel and / or concrete), building grids, column loadings and building infrastructure to enable the construction of future OSD; and

• Space for future lift cores, access, parking and building services for the future OSD. The CSSI approval also allows provision for structural and service areas associated with the construction of the OSD, including utility connections. The extent of the approved station works includes up to the ‘transfer slab’ level above the ground plane, as described on page 139 of the CSSI EIS and page 15 of the PIR, and is illustrated at Figure 4. This makes it clear that the transfer slab is effectively the defining line between the above-ground station structure or ‘metro box' (the subject of the CSSI approval) and the OSD the subject of this Detailed SSD DA.

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CONTENTS Figure 4 – Typical over station development interface

Source: Environmental Assessment Report, Dec 2016

As such the only components of the Sydney Metro Pitt Street North Station OSD that have been approved within the CSSI approval includes structural elements to support the OSD, suitable spatial allocation within the ‘metro box’ envelope for OSD components, and public domain works and embellishment. The construction of each of these components, such as the construction of any retail tenancies within the “metro box” therefore do not form part of the scope of the Detailed SSD DA for the OSD. Use of these spaces however that do not relate to the operation of the station cannot, however, be assumed as granted within the CSSI approval and therefore consent for retail land uses is sought within the SSD DA. 2.3. CONCEPT SSD – SSD-8875 The Minister for Planning granted development consent to the Concept SSD Application (DA) (SSD-8875) on 25 June 2019. Concept approval was granted for:

• A maximum building envelope, including street wall and setbacks for the over station development;

• A maximum building height of RL 188.74 metres;

• A maximum gross floor area of 50,310m² (including station floor space);

• Podium level car parking for a maximum of 50 parking spaces; and

• Conceptual land use for either one of a mixed-use or commercial scheme (not both). 2.4. DESIGN DEVELOPMENT AND DESIGN EXCELLENCE PROCESS The Concept SSD DA included a Design Excellence Strategy and a set of specific Design Guidelines for the Pitt Street North Station OSD. These documents were established to guide the detailed design of the future OSD and ensure a high quality of design was achieved for the site and other over station developments. The Design Excellence Strategy comprises a multi-phase process including a competitive selection which involved an Expression of Interest (EOI) and request for tender process, benchmarking studies, and continued design review by a Design Excellence Evaluation Panel (DEEP) and subsequently the Sydney

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Metro Design Review Panel (DRP). A summary of the design excellence process undertaken is illustrated in the figure below.

Figure 5 – Design Excellence Process

Sydney Metro DRP Review

Competitive Selection Assessment against DEEP Design Excellence Report, site specific principles and benchmarks DEEP Review

Project Benchmarks Defining quality expectations quality Defining

Source: Urbis A critical objective of the competitive tendering process was to review alternative approaches to the Pitt Street Station northern site and strive for design excellence for the OSD project. Following the approval of the Concept SSD DA and completion of the EOI and Request for Tender process, the Pitt Street Developer North Pty Ltd and its architect Forster + Partners (the Architect) were chosen as the successful development partner for the Sydney Metro Pitt Street North Station OSD. Since the selection of Pitt Street Developer North Pty Ltd as the development partner for the Pitt Street North Station OSD, the applicant has presented to the Sydney Metro DRP eight times. Throughout this process, the DRP has provided ongoing design review of the proposed Pitt Street North Station OSD proposal to ensure design excellence and integrity have been achieved. The specific details of the consultation undertaken to achieve design excellence in accordance with the Design Excellence Strategy and Design Guidelines are outlined in Section 5, with a detailed discussion of the proposal’s design excellence included at Section 8.6.

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CONTENTS 3. SITE ANALYSIS 3.1. SITE CONTEXT AND LOCATION The site comprises the southern extent of the Sydney CBD block bounded by Pitt Street, Park Street and Castlereagh Street (Figure 6). The site is an irregular L shaped allotment with street frontages of approximately 27.8m to Pitt Street, 81m to Park Street and 48.3m to Castlereagh Street. Internal facing boundaries consist of a north eastern boundary measuring approximately 41.3m, a north western boundary of 41.6m and a northern internal boundary of 15.7m resulting a site area of 3150.1sqm (Figure 8). The public domain between the site and the Pitt and Park Street carriageways contain street trees. Various street furniture, streetlights, signage, bicycle racks and parking ticket machines are also located within the public domain areas along all three street frontages.

Figure 6 – Site Aerial Photograph

Source: Urbis/ Nearmap The site is centrally located within the Sydney Central Business District (CBD) which forms part of the Sydney City Local Government Area (LGA). Refer Figure 7. The Sydney CBD is identified as the “Harbour CBD” within Sydney’s overarching strategic plan, A Metropolis of Three Cities. It is Sydney’s largest commercial precinct, followed by Parramatta CBD and North Sydney CBD, and is part of the eastern economic corridor from Macquarie Park to Sydney Airport functioning as a fundamental component of the state’s Global Economic Corridor. The area is characterised by a consolidated commercial core and metropolitan centre (with key public open spaces), contributing to global financial, professional education and innovation sectors estimated to provide a skilled labour force of 500,000 jobs by the year 2036 through the Innovation Corridor and supported by surrounding high-amenity residential and mixed-use precincts.

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Figure 7 – Context Map

Source: Urbis 3.2. LEGAL DESCRIPTION The site occupies one allotment and is legally described as Lot 20 in DP 1255509 as shown in Figure 8. The allotment includes a series of easements affecting parts of the land for stormwater drainage and sewer, as outlined within the Site Survey submitted with the Detailed SSD DA (refer to Appendix B). The existing easements however do not impede the construction of the proposed development.

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CONTENTS Figure 8 – Site Survey

Source: Veris Australia 3.3. PREVIOUS DEVELOPMENT Prior to the demolition of all buildings across the site under the terms of CSSI approval, the site was previously occupied by a mix of low-rise retail and mid-rise office developments. These are described further in Table 2 below.

Table 2 – Former development Address Lot and DP Former Development Description

252-254 Pitt Street Lot 1 in DP596474 Two adjacent three storey developments on Pitt Street, both containing retail premises at the ground level. A club was formerly located above the development at 252 Pitt Street.

256 Pitt Street Lot 17 in DP1095869 This site was used as a fast food premises and was constructed to a height of four storeys. The building was constructed to the street alignment and abutted the National Building to the north.

40 Park Street Lot 2 in DP509677 A series of uniform height three storey buildings located adjacent to one another, of a 42 Park Street Lot 2 in DP982663 similar architectural design and style. Most buildings comprised ground floor retail uses, 46 Park Street Lot 3 in DP61187 with two further storeys located above used for additional retail space. All buildings were built

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to the front boundary, affording no setback to Park Street

48 Park Street The Windsor Hotel. This building was six storeys in height, with a slight setback at the Lot 1 in DP74367 topmost floor.

175-183 Castlereagh Lot 3 in DP74952 14 storey mixed use commercial building, Street featuring business premises at the ground floor Lot 2 in DP900055 and office levels above.

Lot 1 in DP229365

The previous site conditions displayed a pattern of development with very little consistency in scale, form or alignment. Mid-rise commercial buildings were abutting low-rise retail and food and drink premises. The surrounding streets are frequently used by pedestrians as a thoroughfare during peak times and are anticipated to support increased pedestrian traffic once the Pitt Street metro station is constructed. The current pathway conditions are encumbered in part due to the presence of construction hoardings, and overall are considered to be a poor but temporary interface for pedestrians traversing the CBD. As discussed, all the buildings and structures previously on the site have now been demolished under the CSSI approval for the Pitt Street Station. Construction of the Pitt Street metro station is currently underway, with the site occupied by a large temporary shed structure (see Figure 9).

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CONTENTS Figure 9 – Site Photos

Picture 1 – View from corner of Park and Pitt Streets Picture 2 – Looking north along Pitt Street (site on right)

Picture 3 – Looking east along Park Street (site on left) Picture 4 – Looking south along Castlereagh Street (site on right)

Picture 5 – Looking west along Park Street (site on right) Picture 6 – Looking west along Park Street (site on right) Source: Urbis

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3.4. SURROUNDING DEVELOPMENT The surrounding context is characterised predominantly by modern commercial buildings interspersed with commercial heritage buildings. The immediate site is generally bound as follows:

• North – Adjoining the north eastern boundary of the site at 169-173 Castlereagh Street, is the NSW Masonic Club and Castlereagh Boutique Hotel, a 12 storey rendered brick building heritage listed under the Sydney Local Environmental Plan 2012 (SLEP 2012). Adjoining the north western boundary of the site at 250 Pitt Street, is the National Building, an early twentieth century 12 storey brick and concrete commercial building, also heritage listed under SLEP 2012. Further north is ANZ Tower (242 Pitt Street) which consists of a podium with tall tower form of approximately 245m.

• South – Abutting the site to the south is Park Street, a key east-west transport corridor through the Sydney CBD. Park Street provides a key role as a pedestrian avenue across the city between Hyde Park and the Town Hall Civic Precinct. Further south, on the opposite side of Park Street at 258-260 Pitt Street, is the Criterion Hotel (4 storeys) heritage listed under SLEP 2012 and the Park Regis building (136m). The Park Regis (27 Park Street) contains hotel rooms up to level 12, with residential apartments above. Victoria Tower (197 Castlereagh Street) is located directly behind the Park Regis building and contains residential apartments.

• East – Castlereagh Street abuts the site to the east. To the south-east of the site is 201 Elizabeth Street, a 38 storey commercial office tower. The site has approval for redevelopment for a mixed use retail, residential and hotel building envelope, featuring a 45m podium and a 37 storey tower above.

• West – Pitt Street abuts the site to the west. To the west of Pitt Street at 275 Pitt Street is the Citigroup Centre building, a commercial office building with podium retail premises with a maximum height of 243m. Key surrounding buildings are shown in Figure 10 below.

Figure 10 – Surrounding Development – Key Sites

Source: Google Earth

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CONTENTS 3.5. TOPOGRAPHY The site is an irregular L shaped allotment with street frontages of approximately 27.8m to Pitt Street, 81m to Park Street and 48.3m to Castlereagh Street. Internal facing boundaries consist of a north eastern boundary measuring approximately 41.3m, a north western boundary of 41.6m and a northern internal boundary of 15.7m resulting in a site area of 3150.1sqm. The site has an area of approximately 3151.01sqm and slopes from a high point of RL24.29 in the south- east to a low point of RL22.02 in the north-west resulting in a fall of approximately 2.2 metres. The topography of the site has been a key consideration in the design resolution of the ground plane of the station and OSD, the access arrangement to the site and the pedestrian movement through the site. The ground floor levels for the station and its integration into the surrounding public domain have been resolved under the terms of the CSSI approval and included the preparation of a Station Design Precinct Plan (SDPP) and an Interchange Access Plan (IAP). 3.6. BUILT HERITAGE The site is not heritage listed or located within a Heritage Conservation Area under the SLEP 2012. However, the site is located within proximity of a number of Local and State listed heritage items as illustrated at Figure 11.

Figure 11 – Heritage Items

Source: SLEP 2012 Heritage items located within the vicinity of the site are summarised in Table 3. Potential impacts of the Pitt Street North Station OSD on the surrounding heritage items have been carefully considered in the detailed design of the proposal and specifically the proposed modification to the building envelope to ensure the built form and heritage significance of these items continues to be respected, appreciated and enjoyed. These potential impacts have been discussed in further detail in Section 8.8 of this EIS and within the Heritage Impact Assessment in Appendix F which identifies and describes the heritage significance of items surrounding the site.

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Table 3 – Heritage items in the vicinity of the site Item Item name and address Significance Description

I1699 Community building ‘Masonic Club’ Local A fine example of the Inter-war including interior (167-173 Commercial Palazzo style. It is a 12 storey Castlereagh Street) sandstone building, symmetrical in its massing with three distinct sections that are fundamentally classical in composition.

I1931 ‘National Building’ (248A-250 Pitt Local A twelve-storey reinforced concrete Street) commercial building constructed in the Inter-war Commercial Palazzo style and having a prominent position due to its height relative to the streetscape.

I1748 Former ‘Manchester Unity’ Building Local Part of an ongoing tradition of centralised including interiors (183-187 commercial, professional and financial Elizabeth Street) dealings in CBD. The choice and use of the site reflects pre-eminence of the portion of the city for professional and financial institutions on the prestige location adjacent to the park.

I1750 The Great Synagogue including State The earliest surviving synagogue in NSW interior (187A Elizabeth Street) still in use, which has represented the centre of Jewish worship and culture in Central Sydney since the 1870s.

I1751 Former ‘Australian Consolidated Local A building which has been continuously Press’ façade (189-197 Elizabeth associated with newspaper publishing Street) since its construction in 1925, representative of an important period of redevelopment in the city.

I1654 Hyde Park (110 - 120 Elizabeth Local A principal area of public open space Street) between Elizabeth Street and College Street.

I1933 Criterion Hotel including interior Local Hotel constructed in the Inter-War Art Deco (258-260 Pitt Street) style, situated in a prominent location on the corner of Pitt and Park Streets in the inner city Town Hall precinct. Has aesthetic significance for the quality of its exterior detailing.

I1935 ‘Pilgrim House’ including interior Local A seven-storey commercial building in the (262-264 Pitt Street) Commercial Palazzo style, which forms part of a varied streetscape within Pitt Street. High historic significance in the history of the Australian Broadcasting Commission.

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CONTENTS Item Item name and address Significance Description

I1936 Pitt Street Uniting Church including State Aesthetically significant as an exceptional interior (264A Pitt Street) example of a church in the Old Colonial Grecian style by John Bibb. Historically and socially significant as a centre of worship and community activity for 150 years.

I1937 Former School of Arts including State A significant work that combines the design interiors (275 Pitt Street) of three prominent 19th century architects, Verge, Bibb and Backhouse. It is significant for its historical associations with the School of Arts, the foundation of Technical Education and its association with major Sydney figures.

I1790 Sydney Town Hall including State One of the grandest and most elaborate interiors (483 George Street) and largely intact examples of 19th century High Victorian buildings surviving in Australia. A grand civic monument being a landmark feature along George Street, serving as the symbolic centre of the city.

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3.7. TRANSPORT & ACCESSIBILITY 3.7.1. Public Transport The site is proximate to existing public transport links including rail and bus routes as illustrated in Figure 12.

Figure 12 – Public Transport Context

Source: Google Earth Rail The site currently benefits from proximal access to the Sydney Train network, being located in a central portion of the Sydney CBD close to a number of major transport nodes. Town Hall Station is located 100 metres to the west of the site, currently providing access to the T1 North Shore, Northern and Western Line, T2 Inner West and Leppington Line, T4 Eastern Suburbs and Illawarra Line, T8 Airport and South Line and the T3 Bankstown Line, with the Bankstown Line ultimately moving to the Sydney Metro network. St James Station is approximately 280 metres to the north-east of the site. St James Station is served by the T2 Inner West and Leppington Line, the T3 Bankstown Line and the T8 Airport and South Line. On completion of the Sydney Metro City & Southwest project the site will also be directly connected to stations from Tallawong in the north-west to Bankstown in the south-west, ultimately offering one of the most rail-accessible locations within the Sydney Metropolitan area. The proposed building envelope is located directly above the Pitt Street Station northern portal. Pitt Street is one of seven new Sydney Metro City & Southwest stations. The future OSD will be integrated with the Pitt Street Station and will provide commuters with access to both the Sydney Metro network and a number of other key Sydney Trains lines. Light Rail The site benefits from close proximity to the Sydney Light Rail (SLR) network, which provides a 12km, 19 stop light rail service through the city, extending from Circular Quay along George Street to Central Station, then through Surry Hills and Moore Park to Kingsford and Randwick. The closest SLR stop is located on George Street in front of Town Hall.

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CONTENTS Bus Bus corridors throughout Central Sydney were recently reorganised in accordance with the Sydney City Centre Access Strategy, which sought to redesign the Sydney CBD bus network to include new and improved services through a number of key corridors. There are numerous bus services in the vicinity of the site, with the following key bus corridors close to the site:

• Castlereagh Street is a key corridor for southbound bus services travelling towards the Inner West and South.

• Elizabeth Street, one block east of the site, acts as a major north-south bus route through the CBD. Travelling north, Elizabeth Street provides access to Martin Place and Circular Quay, as well as the Metrobus Network, which provides services to major nodes across Sydney. Travelling south, Elizabeth Street provides access to the Inner South and Eastern Suburbs.

• Park Street provides east-west bus access through the CBD, providing access to services across the Anzac Bridge to Victoria Road and the North West, as well as additional access to the Eastern Suburbs. The site also benefits from proximity to the Queen Victoria Building bus interchange, which provides access to the North Shore, Northern Beaches, Inner West and Hills District. 3.7.2. Road Network Conditions on the streets bordering the site are as follows:

• Pitt Street: A one-way northbound road comprising two general traffic lanes, with paid on-street parking and loading zones on either side.

• Castlereagh Street: A one-way southbound road comprising two general traffic lanes and a bus lane, with a further lane for parking, loading and turning at intersections.

• Park Street: A two-way arterial road comprising a general traffic lane, a bus lane and a parking / loading / servicing lane eastbound, as well as two general traffic lanes and a bus lane westbound. There is no available unrestricted parking within 400 metres of the site, reflecting a constrained parking environment associated with the CBD context of the area. 3.7.3. Bicycle Network The site is accessible to bicycle riders via a network of key on and off-road cycle routes, including a number of current and proposed separated cycleway corridors. There is dispersed on-street bicycle parking located on the streets surrounding the site, this consists mainly of bike stands attached to existing furniture, such as street poles. The Sydney City Centre Access Strategy identifies Park Street and Pitt Street as ‘Direct Routes with Higher Traffic’, although they do not currently have a dedicated cycleway. This route provides access between the site and the strategic Sydney regional cycling route network. Of note is the Kent Street cycleway 300 metres to the west of the site and the Liverpool Street cycleway 400 metres to the south of the site, both of which contribute to the provision of a separated north-south cycling spine through the city centre. These cycleways also provide separated cycling access to Green Square and Sydney Airport, Paddington, the Sydney Harbour Bridge and North Shore, as well as Darling Harbour, Pyrmont and Rozelle. The Sydney City Centre Access Strategy identifies future cycleways to encourage growth in cycling and reduce pressure on the public transport system and road network. Key extensions to the cycling networks include:

• extension of the existing Castlereagh Street cycleway from its current terminus at Liverpool Street to a new future terminus at King Street,

• the extension of the existing King Street cycleway from its current terminus at Clarence Street to a new future terminus at Castlereagh Street to provide a connection between the two cycleways, and

• the provision of a new cycleway along Park Street, between Castlereagh Street and Elizabeth Street,

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The future Castlereagh Street and Park Street cycleways are of particular relevance to the development, given that the Castlereagh Street cycleway will extend along the eastern boundary of the site, and the Park Street cycleway will be located immediately to the south-east of the site. 3.7.4. Pedestrian Access Pedestrians can access the site via dedicated footpaths on all street frontages. The area surrounding the site has a well-established pedestrian network and is characterised by high levels of pedestrian activity in recognition of the site’s CBD location and proximity to a number of public transport nodes, as described above. The primary entrance to the OSD is via Pitt Street, separated from the proposed pedestrian entrance to the Sydney Metro Pitt Street Station on Park Street. This mitigates potential pedestrian movement conflict and disperses pedestrian movement around the site. The separation of pedestrian entrances for the OSD and metro provides good space activity management and results in clearly visible, unobstructed and easily identifiable entrances from the street. 3.8. OPEN SPACE & SPECIAL AREAS The site is located in close proximity to three substantial public open space areas, and a future planned area of public open space, as follows: Hyde Park The closest substantial area of consolidated open space to the site is Hyde Park, which is located approximately 90 metres to the east. Hyde Park comprises one of the key areas of public open space in the Sydney CBD, and features a network of pathways, open grass areas, mature trees and decorative features. At the south-western corner of Hyde Park is Museum Station. The Anzac Memorial is located at the centre of the southern portion of the park. The Domain The Domain is located 500 metres north-east of the site, beyond Hyde Park. The Domain comprises a substantial area of public open space which provides an open space link between Hyde Park and the Royal Botanic Gardens beyond. Cook and Phillip Park Cook and Phillip Park is located 500 metres northeast of the site, beyond Hyde Park. Cook and Phillip Park comprises a substantial area of public open space which provides an open space link between Hyde Park and the Domain and the Botanical Gardens beyond. Tumbalong Park / Cockle Bay Tumbalong Park is located approximately 650 metres east of the site, within the Darling Harbour Entertainment Precinct. Tumbalong Park comprises a large circular lawn area, as well as a number of passive recreational civic spaces and a children’s playground. Sydney Square and Pitt Street Mall are two areas of substantial civic open space located in proximity to the site, providing passive recreational opportunities and complementing the natural open space areas outlined above. Town Hall is located within Sydney Square, which is approximately 200m south-west of the site. Pitt Street Mall is approximately 200m north of the site. Future Planned Open Space An additional area of substantial civic open space is also proposed at the future Town Hall SLR stop at George Street, approximately 200 metres to the south-west of the site. This comprises the existing Sydney Square, as well as a quantum of future pedestrian space to be delivered on George Street as part of the SLR project. Finally, the northern end of the block bounded by George Street, Park Street and Pitt Street is envisaged to be repurposed for an area of civic space in the future by Council, known as Town Hall Square. Areas of civic and open space in proximity to the site are depicted at Figure 13.

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CONTENTS Figure 13 – Open Space in the vicinity of the site

Source: Foster & Partners 3.9. UTILITIES & INFRASTRUCTURE (SERVICES) The site is located within an established urban area and currently contains all necessary services including electricity, gas, water, communications, drainage and sewerage. Furthermore, future development on the site can be connected to these services when required. Appropriate utility and service connections will be provided under the CSSI approval to meet the servicing requirements of the Pitt Street North integrated station development.

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4. PROPOSED MODIFICATION This section 4.55(2) modification application proposes the following changes to the approved OSD Concept DA SSD-8875:

• Amend the concept building envelope plans approved on 25 June 2019 by the Minister under application number SSD 8875 to modify the podium envelope:

− at the Castlereagh Street façade to facilitate better built form relationship with the scale of the adjacent Masonic Building; and

• Amend condition A15 and A17 to permit the protrusion beyond the building envelope for the purpose of sunshading elements, planted elements and balustrades;

• Increase the total GFA across the site to 55,743sqm (including station floorspace);

• Replace Concept Approval plans to show interrelationship of proposed OSD floor space with station floor space; and

• Make minor amendments to the Design Guidelines in respect to podium heights and tower setbacks. 4.1. DETAILED DESCRIPTION OF THE PROPOSED MODIFICATION 4.1.1. Amendments to Building Envelope Amend condition A2 to reference revised Concept Building Envelope Plans. As a result of detailed design development undertaken following a competitive bid process and detailed design excellence process, the detailed design of the OSD has evolved since the approval of the Concept building envelope. Modification of the podium envelope is sought to facilitate an improved built form relationship with the scale of adjacent heritage-listed buildings as required by the Pitt Street North Design Guidelines. The height of the podium component to the west and south has been increased to match that of the adjoining National Building (Ashington Place) on Pitt Street, with its roof eaves at an RL of 69.60. The proposed design introduces recessed planter boxes along the perimeter of the podium roof terrace, aligning to this heritage datum, as illustrated in Figure 14 below.

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CONTENTS Figure 14 – Envelope Modification – Pitt Street

Source: Foster + Partners The height of the podium will be increased by 1.66m to an RL of 69.6 resulting in a direct alignment with the parapet height of the heritage listed National Building on Pitt Street. This podium height is continued along Pitt Street, Park Street and the southern portion of the Castlereagh Street façade for consistency. As illustrated in Figure 15 below the height of the podium component to the North-East has been increased by 5.41m to match the height of the adjoining NSW Masonic Club heritage building on Castlereagh Street, with its roof eave at an RL of 73.41. The proposed design introduces a raised upstand along the perimeter of the North-Eastern podium roof terrace, aligning to this heritage datum.

Figure 15 - Envelope Modification – Castlereagh Street

Source: Foster + Partners The modified podium height will not result in an increase in GFA rather is as a result of incorporating planter boxes along the Pitt Street, Park Street and southern portion of the Castlereagh Street podium roof top terraces. The northern portion of the Castlereagh Street façade is aligned with the Masonic Building via the incorporation of a substation double height void. The Statement of Heritage Impact prepared by GBA Heritage for the detailed SSD DA found that the height of the podium component matches that of the adjoining twelve-storey heritage buildings to the north of the

URBIS MODIFICATION REPORT - PITT STREET NORTH OSD 25 JUNE 2020 V2 PROPOSED MODIFICATION 33 site: the National Building (Ashington Place) on the Pitt Street side and the Masonic Club on Castlereagh Street. The podium, too, is articulated into smaller segments by recesses at the three entry points (to the station, the tower and the service dock), with the segment adjoining the Masonic Club rising to match its height. The proposed podium has been designed to reflect the heights of the adjacent heritage items, as well as reflecting their lot widths, the external expression of their levels and their materiality. The amended plan references are detailed in Table 5 below. 4.1.2. Allow protrusions to Building Envelope Amend conditions A15 and A17 to allow protrusions of the Building Envelope. An amendment to the wording of the Concept DA conditions of consent is proposed to allow sunshading elements to protrude beyond the building envelope on the east, south and western elevations. Additionally, planted elements and balustrades are proposed to protrude the podium envelope height on the level 10 and level 11 terraces. Proposed wording for the condition amendments is detailed in Table 5 below. The OSD tower has three principle types of façade, each of which requires a unique sunshading system to achieve internal comfort parameters and ESD targets. The east and west facades are designed to deal with the highest solar exposure from the rising and setting sun in the afternoons. Due to this large anticipated solar heat gain, horizontal sunhoods are proposed on these facades as illustrated in Figure 16 below.

Figure 16 – Eastern and Western Façades

Source: Foster + Partners The northern facade is designed to allow daylight into the building from the north, while limiting the solar gain from the high angle northern sunlight. By maximising the depth of the horizontal sun-hoods on the tower facades facing north, there is no need to further increase the sunhood downstands below the ceiling level or protrude the building envelope to the north as illustrated in Figure 17 below.

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CONTENTS Figure 17 – Northern Façade

Source: Foster + Partners The southern facade has very little solar exposure, offering the best opportunity for visual transparency without the associated issues of having large solar gain. As a result and in contrast to the other facades, no horizontal sunhoods have been provided on the southern façade. In order to capture some of the low angle sun in the early morning and late afternoons, small vertical fins have been added to every other mullion along the southern façade as illustrated in Figure 18 below.

Figure 18 – Southern Façade

Source: Foster + Partners The proposed amendment to Conditions A15 and A17 of the Stage 1 consent seeks to permit these minor sunshading projections to the following extent:

• A maximum 210mm projection from the eastern façade;

• A maximum 210mm projection from the western façade; and

• A maximum 410mm projection from the southern façade. The following figures (Figure 19, Figure 20, Figure 21) illustrate the extent by which vertical and horizontal sunshading elements are proposed to project outside of the envelope line, weighted average setback line and/or Site Boundary on both the lower podium, upper podium and typical tower.

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Figure 19 – Lower Podium Façade Protrusions

Picture 7 – North, East and West, South Façades Respectively Source: Foster + Partners

Figure 20 – Upper Podium Façade Protrusions

Picture 8 – North, East and West, South Façades Respectively Source: Foster + Partners

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CONTENTS Figure 21 – Typical Tower Façade

Picture 9 - North, North, South, East, West Façades Respectively Source: Foster + Partners In addition to the sunshading envelope protrusions, balustrades and planted elements protrude the proposed podium building envelope height on both the level 10 and level 11 terraces. The terrace at level 10 is divided into two separate terraces. The eastern terrace holds a gathering space for approximately 130 people at the open south-east corner of the podium with vistas to Hyde Park. The space is tempered from extreme north-easterly winds by a balustrade and planting on the east above Castlereagh Street, which also screens neighbouring rooftop services. Some elements of the planting beds and balustrade along the perimeter protrude above the building envelope. The western terrace is larger, accommodating approximately 260 people at the open south-west corner overlooking Town Hall and the future square. This larger events space is supported by a series of smaller gathering areas. In the north-west, a barbeque has been provisioned for in an area away from air intakes which receives midday sun in winter, making this a favoured place for gathering. Above Park Street an undulating planting bed and balustrade holds a protected space for more intimate gatherings with an adjoining balcony edge catching vistas to Hyde Park.

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Figure 22 – Level 10 Terrace Section

Source: Sue Barnsley Design The level 11 terrace has the capacity to hold groups of approximately 120 people for cocktail events. The open south-west corner of the terrace has a glazed balcony edge offering vistas to Hyde Park that helps reinforce this city location. The remaining perimeter of the terrace is planted, with trees muting and screening the north-west boundary of the terrace from the NSW Masonic Club and rooftop services on the eastern side of Castlereagh Street. The trees tempering the prevailing north-east winds and building down drafts, to increase outdoor comfort and use. In addition, minor elements of the balustrade are proposed to protrude above the building envelope.

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CONTENTS Figure 23 – Level 11 Terrace

Source: Foster + Partners 4.1.3. Increase permissible Gross Floor Area Increase in total GFA across the site The modification seeks to increase the total GFA on the site to 55,743sqm (including station floorspace) to optimise the commercial and retail floorspace provided on the site in a key central CBD location. The proposed increase from the Concept DA maximum GFA of 50,310sqm (including 1,092sqm of station floor space) equates to a 10.8% increase in the total GFA on the site. The overall increase in GFA results from the design of highly efficient floorplates. These are reflected in the concurrent detailed SSD DA, are contained wholly within and only utilise 84% of the available building envelope volume as illustrated in Figure 24. The floorplates have a very high level of efficiency (93% NLA/GFA compared to an average of around 90%) by keeping the core small through various measures such as coordination of services from very early on in the design process. In taking into account the columns coming up from the station below, the design has required careful planning of floorplates. The proposed height of RL176.8 is well within the RL188.74 approved in the Concept DA. Proposed wording changes to the development description and relevant conditions of consent are detailed in Table 5.

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Figure 24 – Expected envelope utilisation

Source: Foster + Partners 4.1.4. Replace Concept Approval plans with updated plans Replace Concept Approval plans to show interrelationship of proposed OSD floor space with station floor space The use of spaces within the podium up to the transfer slab contains certain areas which are solely dedicated to the Pitt Street metro station. These areas are subject to a separate development approval though the total GFA of these station spaces is included within the overall area calculations of the OSD SSD DA. The layout of the OSD uses within the 'metro box' has been adjusted/updated to reflect the further design development of the station. Accordingly, this modification application proposes to amend the approved concept building envelope plans referenced in Condition A2.In the following plan extracts, blue elements are representative of OSD dedicated areas, while yellow colour fills represent station specific areas.

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CONTENTS Figure 25 – Approved delineation of OSD and Metro use on the ground plane

Source: Architectus

Figure 26 – Proposed delineation of OSD and Metro use on the ground plane

Source: Foster + Partners The OSD entrance locations are generally consistent with the Concept Approval with very minor amendments due to the development of the design. The proposed entrances include:

• The main entrance to the OSD is proposed to be maintained via Pitt Street, consistent with the composition of adjoining heritage buildings, creating a prominent presence on Pitt Street.

• An additional OSD entry is proposed to a future retail tenancy via Pitt Street.

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• Vehicular access is maintained via Castlereagh Street providing direct access to the shared loading dock, OSD car parking spaces (within the car stacker) and station back of house areas.

• A secondary pedestrian entrance, connecting to the end of trip facilities is also located via Castlereagh Street.

• A third OSD entry via Castlereagh Street is proposed to a future retail tenancy.

• An OSD entry via Park Street is proposed to a future retail tenancy. The revised entrance locations and movement diagram informing the revised ground plane layouts is shown in Figure 27.

Figure 27 – Proposed movement diagram

Source: Foster + Partners The distribution of station and OSD spaces within the podium has altered since the concept approval as the detailed design has developed as illustrated in Figure 28 below. Station spaces within the podium include:

• Metro station concourse;

• Station services (mechanical, waste etc);

• Station facilities (offices, staff amenities, storerooms etc); and

• Station egress stairs (noting the OSD and Station have independent emergency evacuation systems).

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CONTENTS Figure 28 – Modified demarcation of Station and OSD uses

Picture 10 – Approved Level 1 Picture 11 – Proposed Level 1 Source: Architectus Source: Foster + Partners

Picture 12 – Approved Level 2 Picture 13 – Proposed Level 2 Source: Architectus Source: Foster + Partners

Picture 14 – Approved Level 3 Picture 15 – Proposed Level 3 Source: Architectus Source: Foster + Partners

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Picture 16 – Approved Level 4 Picture 17 – Proposed Level 4 Source: Architectus Source: Foster + Partners

The quantum of station floor space within the podium is 1,092sqm. The proposed plan references to replace the approved concept approval plans are contained in Table 5 below. 4.1.5. Concurrent Amendment to Design Guidelines Minor Amendments to Design Guidelines Amendments are required to the Design Guidelines to adjust some existing design requirements to reflect the proposed modifications to the building envelope and the resolved building design. Condition B1 requires that the detailed development application(s) shall address compliance with the Design Guidelines. Whilst the detailed SSD DA is generally compliant with the contents of the Design Guidelines, it is inconsistent with some elements, hence for consistency some minor modifications are sought to reflect design development. A proposed wording amendment to Condition B1 is detailed in Table 5. Details on the specific rationale for the modifications to the Design Guidelines are set out below. To reflect the resolved building design, an amendment to the Design Guidelines is sought to allow a combined frontage weighted average setback along Pitt, Park and Castlereagh Streets as opposed to a street by street approach. This is included in the following section of the Design Guidelines: Built Form above the Podium 2. Compliance with City of Sydney LEP 2012 street setbacks of 8m to Pitt, Castlereagh and Park Street, with potential to provide an averaged setback along Park Street to align with station structure. Also included in this modification is amendment of the above guideline to state that the control comes from the Sydney DCP not the LEP. A further amendment required to the Design Guidelines is to reflect the change sought to the approved building envelope to increase the podium height along Castlereagh and Pitt Streets from 45m to 46.6m/50.4m to better respond to the scale and transition from the adjoining heritage buildings: Podium and Street Wall 1. Recognising the surrounding streetscape scale and providing an enhanced interface with adjacent heritage buildings, with direct reference to the height and articulation of these buildings including: (f) A 45m street wall podium height, referencing Ashington Place (National Building) (284A-250 Pitt Street) and NSW Masonic Club (169-173 Castlereagh Street). Section 4 and Section 8 of this report provide a detailed assessment of the modifications sought and the mitigation measures to address any potential impacts of the proposal.

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CONTENTS 4.2. NUMERIC OVERVIEW OF PROPOSED CHANGES The proposed numeric changes to the concept approval proposed as part of this modification are detailed within Table 4.

Table 4 – Numerical Overview Component Approved Stage 1 Proposed Stage 1 Change Concept Proposal Amended Building (SSD 8875) Envelope

GFA 50,310 sqm including 55,743 sqm including +5,433 sqm station floorspace station floorspace

Height RL 188.74 No amendment proposed NIL

Podium Height 45m 46.6 & 50.4m +1.6m to +5.4m

Car Parking Maximum 50 spaces No amendment proposed NIL

Protrusions beyond No reference was 210mm – 410mm for Protrusion up to 410mm Concept Envelope established as part of the sunshading devices and SSD approval. architectural elements

No reference was Allowance for protrusion Allowance for protrusion established as part of the of planted elements of planted elements SSD approval

No reference was Allowance for protrusion Allowance for protrusion established as part of the of terrace balustrades on of terrace balustrades on SSD approval level 10 and 11 level 10 and 11

4.3. MODIFICATIONS TO CONDITIONS OF CONSENT The conditions of concept approval SSD 8875 outlined in Table 5 below are required to be amended as part of this modification application. Text to be removed is shown by strike through and text to be added is shown in red. In summary, the amendments to conditions are necessary to support the modified building envelope.

Table 5 – Amendment to Conditions of Consent SSD 8875 Condition Amendment Proposed

Development Concept Development Application for Pitt Street North over station development Description including

- A maximum gross floor area of 50,310 55,743 m2 (including station floorspace)

- A maximum building envelope including street wall and setbacks for the OSD

- A maximum building height of RL 188.74

- Podium level car parking for a maximum of 50 parking spaces

- Conceptual land use for either one of a mixed-use or commercial scheme (not both).

SCHEDULE 2

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Condition Amendment Proposed

PART A – CONDITIONS OF CONSENT FOR CONCEPT DEVELOPMENT APPLICATION

Terms of Consent

A2 The development may only be carried out:

a) In compliance with the conditions of this consent;

b) In accordance with all written directions of the Planning Secretary;

c) In accordance with the EIS and Response to Submissions;

d) In accordance with the approved plans in the table below:

Architectural Drawings – Building Envelope prepared by Architectus Foster + Partners Dwg No. Name of Plan Issue Number/ Date

PE-01-01 Envelope – Ground Level 04

14/04/2020

PE-01-02 Envelope – Level 01 04

14/04/2020

PE-01-03 Envelope – Level 02 04

14/04/2020

PE-01-04 Envelope – Level 03 04

14/04/2020

PE-01-05 Envelope – Level 04 04

14/04/2020

PE-01-06 Envelope – Podium 04

14/04/2020

PE-01-07 Envelope – Tower 05

14/04/2020

PE-01-08 Envelope – South Elevation 05

14/04/2020

PE-01-09 Envelope – East Elevation 05

14/04/2020

PE-01-10 Envelope – West Elevation 05

14/04/2020

PE-01-11 Envelope – 3D Massing 02

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CONTENTS Condition Amendment Proposed

14/04/2020

A15 Future development application(s) for the development must demonstrate that the building is contained wholly within the approved building envelopes consistent with the plans listed in Condition A2 and as modified by this consent, with the exception of sunshading elements, planted elements, balustrades and planter boxes.

A17 The maximum achievable gross floor area for the site must not exceed 50,310m² 55,743m² and this amount will only be achieved subject to:

a) be wholly located within the approved building envelope with the exception of sunshading elements, planted elements, balustrades and planter boxes.

b) compliance with the conditions of this concept approval

c) demonstration of design excellence

d) consistency with the design guidelines (as amended by Condition A23 and Condition B1 as amended)

e) built forms above the podium for a mixed-use scheme, must have floor plates with GFA no greater than 1,000m² and the maximum horizontal dimension of the building façade (measured parallel to street frontages) is 40m

f) built forms above the podium for a commercial scheme must:

i. articulate the tower to present as multiple forms, when viewed from both Town Hall and Hyde Park, with vertical expression along Park Street incorporating continuous elements for relief for the full height above the podium

ii. each tower form have its own unique roof

iii. have floor plates with GFA not greater than 1,400m² at a building height above 140m (measured at corner of Castlereagh and Park Streets)

iv. built forms above the podium must have maximum horizontal distances of building façade parallel to street frontages of 65m in a single plane.

B1 The detailed development applications(s) shall address compliance with

(a) The Design Guidelines as endorsed by the Planning Secretary pursuant to conditions A23 and A24, and as amended as follows: - Point 2 in section entitled ‘Built Form above the Podium’ shall be deleted and replaced with ‘2. Provision of an average weighted setback of 8m along all three tower frontages collectively (not separately).’ - Paragraph (f) in section entitled Podium and Street Wall shall be amended to read as follows (f) a 46.6m street wall podium height (RL69.9m), referencing Ashington Place (National Building) (284-250 Pitt Street) and 50.11m street wall podium height (RL 73.41) referencing NSW Masonic Club (169-173 Castlereagh Street) (b) The Design Excellence Strategy as endorsed by the Planning Secretary pursuant to condition A25, including the advice of the Sydney Metro Design Review Panel, the Pitt Street North Design Excellence Evaluation Panel as contained within the Design Excellence Report an State Design Review Panel (or approved alternative under Condition A25)

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Condition Amendment Proposed

(c) The Design Guidelines shall be updated to reflect the requirements of B1(a), to the satisfaction of the Planning Secretary, prior to the issue of the first Construction Certificate for the OSD.

4.4. RELATIONSHIP BETWEEN OSD (SSD) & STATION (CSSI) COMPONENTS The CSSI approval provided a delineation between the station works approved under the CSSI approval and the OSD. Section 2.2 of this report outlines the scope of works approved under the CSSI for Pitt Street North Station (CSSI approval), including:

• Demolition of all existing structures and vegetation removal;

• Bulk earthworks and excavation;

• Remediation activities;

• Primary station works, including both structural elements and service provisions below the ‘transfer slab’ (e.g. lift cores, access, parking etc.);

• Public domain works; and

• Ancillary facilities relating to the operation of the Sydney Metro. Condition A4 of the CSSI approval states that “except to the extent described within the CSSI EIS and PIR, any over station development, including associated future uses, does not form part of this CSSI and will be subject to the relevant assessment pathway prescribed by the EP&A Act”. ‘Over Station Development’ (OSD) is defined in the CSSI approval as follows: Includes non-rail related development that may occupy land or airspace above, within or in the immediate vicinity of the CSSI but excluding#2face works such as structural elements may be constructed as part of the CSSI to make provision for future developments. The internal fit-out and use of the CSSI interface areas and the OSD areas are not covered under the CSSI approval. Page 16 of the CSSI PIR states the following: The Environmental Impact Statement further indicates that over station development above the transfer slab would be subject to a separate assessment process. For clarity, the specific use and fit- out of the spaces below the transfer slab (above ground level, at ground level and below ground level – refer Figure 2-3) does not form part of the project and would be subject to a separate assessment process. On 25 June 2019, a separate approval was granted by the Minister on for the Concept SSD DA (SSD 8875) for the Pitt Street North OSD including:

• A maximum building envelope, including street wall and setbacks for the over station development;

• A maximum building height of RL 188.74 metres;

• A maximum gross floor area of 50,310m² (including station floor space);

• Podium level car parking for a maximum of 50 parking spaces; and

• Conceptual land use for either one of a mixed-use or commercial scheme (not both). The Concept SSD DA, therefore, approved the OSD building envelope (maximum building height and property setbacks) and indicative land uses, but did not relate to the construction of the ‘metro box’ up to the transfer slab level as shown in Figure 29. The height of the ‘metro box’ at RL 48 as shown in Figure 29 is provided for under the CSSI approval and does not form part of the proposed modification of the Concept SSD DA. All works above this transfer level form part of the OSD.

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CONTENTS Figure 29 – CSSI approval and Concept SSD DA delineation of approvals.

Source: Architectus The modification to the Concept SSD DA includes a modification to the height of the podium to align with the adjoining heritage buildings on Pitt Street and Castlereagh Street as discussed in Section 4.1.1. As the modification to the approved building envelope relate to the Concept OSD envelope, there is no change proposed to the CSSI approval. 4.5. URBAN DESIGN DRIVERS As illustrated within the Urban Design Report included in Appendix D, the proposed changes to the approved Pitt Street North Station OSD building envelopes and conditions of the concept approval have been driven by the following rationale:

• The need to design a building of high aesthetic value, which achieves the required environmental sustainability metrics and optimises the quantum of commercial floorspace provided in the centre of Sydney CBD to best utilise the sites location above a new metro station.

• The podium levels seek to better relate to the building scale from the adjoining Ashington Place (National Building) and NSW Masonic Building. The proposed increases to the podium levels present a better streetscape context and transition to the proposed building form.

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• The minor projections beyond the building envelope enable the building to achieve the required ESD targets through enabling winter sun access but minimising heavy heat loads during the summer months, without protruding into the Solar Access Plane alignment required by SLEP 2012.

• The detailed building design development has resulted in the creation of highly efficient building floorplates located wholly within the approved building envelope which enable the achievement of increased commercial floorspace on this prominent site.

• The proposed height of RL176.8 is well within the RL188.74 approved in the Concept DA.

• The design achieves a ‘building in the round’ on the site, addressing the three street frontages and expressing the building on all three sides through visually interesting façades.

• The terrace areas on levels 10 and 11 are designed to provide usable outdoor spaces for the amenity and benefit of building tenants. Landscaping of these spaces and the installation of balustrades for safety and wind protection will ensure activation of these spaces, whilst achieving an external appearance and built form design that complements the surrounding context. The proposed changes to the Concept Envelope and approval requirements respond directly to these key contextual drivers, and facilitate their achievement. Without the proposed changes to the concept approval, a less desirable outcome will result in relation to aesthetics and contextual fit, environmental performance and building usability. 4.6. BUILT FORM GUIDELINES To realise the vision for an integrated station development for the Pitt Street North Station site, a set of design principles relating to the built form, public domain and place, movement and connectivity, movement and legacy have been developed to guide the planning and design of the building envelopes (Concept and modified envelope), and the future detailed design of the OSD. As part of satisfying conditions of the CSSI approval and Concept SSD DA, Sydney Metro has revised the Pitt Street North Station OSD Design Guidelines (June 2019) which will inform the detailed design of the proposed commercial tower and OSD project. A slight amendment to the design guidelines in relation to weighted average setback and street wall height is sought as part of this modification as discussed in Section 4.1.5. In summary, the proposed built form of this Detailed SSD DA will achieve the design guidelines by:

• Providing a new commercial development above a metro station located within the Sydney CBD that exhibits design excellence and which has been supported through the design excellence process;

• Ensuring a built form that has been sensitively designed to be sympathetic to the adjacent heritage items and adjoining development, including not maximising the approved building envelope;

• Providing façade features and embellishments that enhance the design excellence and visual appeal of the development, support sustainable development and uniquely contribute to the Sydney CBD skyline;

• Ensuring the development proposes a podium that will be activated by the retail and commercial uses supporting the station development; and

• Integrating the architecture of the OSD with the station entrance and ‘metro box’ design to deliver a seamless integrated station development that is highly legible, distinguishable, and functional. As such, the proposed OSD built form demonstrates consistency with the Pitt Street North Station OSD Design Guidelines as proposed to be modified.

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CONTENTS 4.7. INDICATIVE SCHEME The Detailed SSD DA, lodged concurrently with this modification application, specifically seeks development consent for:

• The design, construction, and operation of a new commercial tower with a maximum building height of RL 176.8 (39 levels) including ground, ground floor mezzanine and plant levels.

• A total of 55,743m² GFA, including station floor space.

• Physical integration with the approved Sydney Metro works including:

− Structures, mechanical and electrical systems, and services; and

− Vertical transfers.

• Use of spaces within the CSSI ‘metro box’ building envelope for the following OSD purposes:

− Basement level 1: Substation and services.

− Level 2: Flexible (Commercial office/ retail) floor space with a total area of 1,379sqm, office/ retail storage, amenities, access to commercial tower, 40 car parking spaces and building services.

− Level 1: End of trip facilities and building services.

− Ground level Mezzanine: Building services and Station Management.

− Ground level: Four retail tenancies with a total area of 336sqm, retail storage, access to level 2 retail spaces and commercial tower, building services, loading dock with 7 loading spaces, waste room, dock master’s office and end of trip lobby.

• Pedestrian entrances to the OSD from Pitt Street (Primary) and Castlereagh Street (secondary to EOT);

• Private landscaped terraces on levels 10 and 11;

• Provision of signage zones; and

• Stratum subdivision (staged) between metro station and OSD uses. The proposed Detailed SSD DA is consistent with the concept approval as proposed to be modified by this application.

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5. CONSULTATION To inform the preparation of the detailed SSD DA EIS and this modification application, the applicant and its consultant team have undertaken pre-lodgement consultation with key stakeholders, including though not limited to:

• Relevant community groups;

• Surrounding owners/occupiers;

• NSW Government Architect’s Office (GANSW);

• NSW Department of Planning, Industry and Environment (DPIE);

• City of Sydney Council (Council);

• Sydney Airport Corporation Limited / Civil Aviation Safety Authority;

• Sydney Water;

• Transport for NSW;

• Sydney Trains;

• Sydney Metro;

• Sydney Coordination Office within Transport for NSW;

• Heritage NSW, Community Engagement Group, Department of Premier and Cabinet;

• NSW Police;

• Fire and Rescue NSW;

• Sydney Metro Design Review Panel (DRP). Community and stakeholder engagement sessions have been documented within the Pre-submission Consultation Report included at Appendix J and are further detailed in the following sections. 5.1. COMMUNITY CONSULTATION Community consultation has been undertaken with the relevant community groups, including the local community and surrounding landowners/occupiers. This has occurred throughout all stages of the development approval process from CSSI to concept SSD DA, through to the subject detailed SSD DA. Various strategies were implemented to ensure collaborative community involvement in the project, including stakeholder briefings, community newsletters, and community information sessions. Specific community consultation actions undertaken are summarised in Table 6 below.

Table 6 – Summary of Community Consultation Activities

Activity Content Date

Email to stakeholders Offered briefing with project team to discuss integrated station January 2020 development project update, proposed modifications to the Concept SSD Approval as well as the detailed design of the overall Integrated Station Development.

One on one Carried out stakeholder briefings to present a project overview October 2019 – stakeholder briefings including proposed modifications to the Concept SSD approval May 2020 as well as the detailed design of the integrated station development. To discuss project status and relevant items

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coordination as well as to receive feedback on the integrated station development.

Planning Overview The Planning Overview and Information booklet to be provided July 2020 and Information with information about the integrated station development booklet detailed design, planning approval pathways, planning timelines and project phases as well as how to provide feedback.

The community consultation strategy and all content (responses) received throughout the engagement phase are included at Appendix J. A summary of the matters raised by the community during the consultation that relate to the SSD DA and the proposal’s response is included in Table 7.

Table 7 – Summary of Responses to Community Consultation Matters

Matters Raised Proposals Response / Document Reference

John Holland CPB Ghella (JHCPBG) JV for Sydney Information received from JHCPBG. Metro City & Southwest offered to assist with any shared contacts/stakeholders if we find it difficult to make initial contact.

JHCPBG provided additional recommendations for stakeholders that would like to be kept informed.

Castlereagh Boutique Hotel & NSW Masonic Club Sydney Metro advised the Hotel & Club by email (169 Castlereagh Street) requested that: that a chamfered roof would not be possible due to the volumetric requirements of the station with - Sydney Metro consider a chamfered roof on the North face of the station structure with an respect to both plant room space and passenger intention to provide for an approximate escalators. setback of 3m to the Hotel’s dining room. Two further meetings proposed for pre-DA - Masonic queried acoustic treatment to Level lodgement. 4 and Level 9 plantroom facade due to proximity to adjacent Castlereagh Street hotel rooms. - Pitt Street Developer North Pty Ltd proposed two further presentations before DA lodgement of the North building. One meeting to present materials (including materials addressing reflective requirement adjacent lightwell) and one to present drawings. - Masonic supportive of North OSD 3m setback (above the station structure) and stepped facade above Masonic roof level. - Concerns of construction fatigue and the reduction of natural light coming into the club’s dining hall. Primus Hotel (339 Pitt Street) and Greenland Information will be provided to Greenland / Primus Executives attended a stakeholder meeting, held on as requested. Friday 13th March 2020. Feedback below was primarily focused on the South OSD.

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Matters Raised Proposals Response / Document Reference

- Greenland/Primus raised the issue of timing regarding the sale of apartments in their Greenland building and the Pitt Street North OSD construction, potentially being sensitive to Greenland’s sales process. - Request for the Pitt Street Developer North Pty Ltd to send shadow diagrams. - Request for the Pitt Street Developer North Pty Ltd to send dimensions of the loading dock (relative to the street). - The Pitt Street Developer North Pty Ltd to confirm the mix of apartments (threes, twos and ones.) pre lodgement. - Request for the Pitt Street Developer North Pty Ltd to provide the RLs of both OSDs. - KJA to forward Greenland the DPIE site information for stage 1 and 2 publicly listed information. - Greenland/Primus expressed the importance of regular information/notifications. Liberty Place (161 Castlereagh Street) and 2 Park A second briefing will be held at the time of public Street representative had an overall positive response exhibition. and no concerns were expressed. Images and drawings provided as requested. - Second briefing for Liberty Place representatives to be provided at time of public exhibitions. - The Pitt Street Developer North Pty Ltd to provide images of the top of the OSD. - The Pitt Street Developer North Pty Ltd to provide improved birds-eye drawings/pics of the South entrance (for pedestrian crossing purposes). - The Pitt Street Developer North Pty Ltd to provide amended drawings for the galleries (firewall issues) – F&B entrance corner. - The Pitt Street Developer North Pty Ltd to provide the street furniture diagram. - The Pitt Street Developer North Pty Ltd to provide end of trip facilities diagrams. The National Building (250 Pitt Street) showed interest Updated impressions / graphics provided regarding regarding the value of the Ashington Place building, the light corridor. post completion. Discussed the project’s improvement to the area (it is expected to boost property values, however no guarantee offered).

Questions raised regarding the light corridor on the south facing side of 250 Pitt Street. Pitt Street Developer North Pty Ltd committed to sending updated impressions/graphics that will address questions.

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Princeton Apartments (304/308 Pitt Street) - Information provided as requested.

- Request for the Pitt Street Developer North Pty Ltd to send shadowing diagrams or a link to the submitted SEARS application. - Mostly concerned with solar access and ensuring the building is compliant. - Princeton requested details regarding privacy, shadowing etc. They want to make sure there are appropriate restrictions on ducting etc, although being the CoS, likely be very tight restrictions. - Princeton expressed the importance of regular information/notifications.

5.2. GOVERNMENT AGENCIES & OTHER STAKEHOLDERS The applicant and its consultants have engaged with the relevant government agencies throughout the preparation of the detailed SSD DA. Relevant comments received from the agencies are outlined in Table 8.

Table 8 – Summary of Feedback from Government Agencies

Agency / Meeting Details Matters Raised Response / Reference

City of Sydney Subject areas included but were not limited to: Comments made by the City of Sydney have been adopted Pitt Street Developer North - Scheme overview in the preparation of this EIS Pty Ltd has made various - North façade and the detailed design of the presentations to the City of - View locations for Visual Impact Analysis development. Sydney: - Proposed modifications to the View locations are as agreed - 18 October 2019 concept SSDA - 4 December 2019 - Extent of residential lobby design with the City of Sydney. - Planning timetable - 16 January 2020 Façade materiality, - 20 February 2020 - Facade including materiality embellishment, and projection - 5 March 2020 - Loading dock and driveway of approved envelope are as - Landscape and public domain - Street furniture presented to the City of - Pedestrian modelling Sydney. - Facade embellishments - Envelope compliance - Planning timeline Sydney Metro Representatives from Pitt Street Developer This EIS has been reviewed North Pty Ltd and Sydney Metro meet on a by Sydney Metro and Various and continual fortnightly basis for project updates and to landowner’s consent issued meetings from 8 October work through any issues/risks. A Sydney prior to the lodgement of the 2019 to 21 May 2020 Metro representative has been invited to all detailed SSD DA. stakeholder meetings, of which they have attended the majority.

NSW Government As the Pitt Street Metro OSD is the first metro The Pitt Street North OSD Architect and her office station to require a Design Integrity Report, Design Integrity Report is the NSW Government Architect requested a

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Agency / Meeting Details Matters Raised Response / Reference

Friday 17th April 2020 copy to potentially be used as a benchmark provided with the detailed for the other stations. SSD DA.

The NSW Government Architect was focused on the design of the Park Street frontage of the OSD and the quality of the station entrance, gateline and passenger areas on Park Street.

Note: The Government Architect has been involved in the design evolution of the ISD being the Chair of the Sydney Metro Design Review Panel.

Transport for NSW - Interest about the number of vehicles This information. has been (including for Roads and provided to Transport for Maritime Services) and having access to the off-street parking, Sydney Coordination and how the car stacker worked, to avoid NSW for consideration and Office within Transport for congestion. assessment as part of the NSW - There may be a risk in terms of referral of the detailed SSD Friday 3rd April 2020 repurposing the off-street parking and DA. lighting spaces (given the commercial demand for deliveries). The Pitt Street Developer North Pty Ltd to provide the modelling to Transport for NSW including the Sydney Coordination Office. Sydney Trains - General consensus that the proposed The Transport and development aligns with the ‘Future Accessibility Impact Friday 3rd April 2020 and Sydney Plan’ and will ultimately serve to Assessment is provided with Wednesday 6th May 2020 benefit the area. the detailed SSD DA. - Consideration of the impact the opening will have on pedestrian traffic was raised, particularly regarding how pedestrians are moving between Pitt Street, Town Hall and Martin Place. - It was noted that the station signage used in the presentation were outdated (Pitt Street Developer North Pty Ltd committed to providing new graphics). - Interested in understanding the extent of pressure relieved by development over time, and alternatively what pressure points will arise in relation to Sydney Trains. Committee for Sydney Supportive of the design and development, No action required. particularly: Monday 24th April 2020 - Recognizing the role of this development in local businesses and the night-time economy. - Adjusting the balance between cars and pedestrians.

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CONTENTS Agency / Meeting Details Matters Raised Response / Reference

- Hyde Park being interwoven into the city. Office of the Small Overall, the OSBC positively responded to the Construction management to Business Commissioner metro station and both associated OSDs consider the (OSBC) stating that “the development looks great and recommendations of the we would expect the proposal will improve this OSBC during the construction Tuesday 10th March 2020 area of the city.” of the proposed development.

OSBC offered assistance in navigating any potentially contentious relationships; including that introduced by:

- Neighbouring business (by offering face to face engagement) - Government departments (facilitating meetings, acting as a neutral third party) - Any future official rejections - OSBC offered, if necessary, to help with the grace period of potential incentivised rent of retail space. OSBC explained the Business Connect program that may be beneficial to surrounding businesses that are experiencing economic pressure from construction fatigue. OSBC suggested raising this with Sydney Metro for all of their metro stations and OSDs.

Fire and Rescue NSW Fire and Rescue NSW was focussed on three primary issues: Tuesday 5th May 2020 - As the Pitt Street South Metro Station is to be constructed on the east boundary i.e. no setback, the waterproofing of the related boundary wall is important to Fire and Rescue NSW. - Given two of the three buildings occupied by Fire and Rescue NSW are heritage listed, vibration from construction activities is a focus area and they advised that vibration monitors are currently in place for the metro tunnelling activities. - Fire and Rescue NSW emphasised the primary of their activities and described their requirement that any construction traffic must not impede these activities in any way for the full duration of construction activities.

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Under section 4.55(2)(b) of the EP&A Act, the consent authority must consult with the relevant Minister, public authority or approval body in respect of a condition imposed as a requirement of concurrence to the consent. We, therefore, anticipate that the NSW DPIE will further consult with government agencies such as Ausgrid and TfNSW as part of the assessment of the detailed SSD DA. For further discussion of one-on-one stakeholder briefings, please refer to the Pre-submission Consultation Report at Appendix J. 5.3. SYDNEY METRO DESIGN REVIEW PANEL To inform the preparation of the Detailed SSD DA for the detailed design of the proposed OSD project, the scheme was presented to the Design Excellence Evaluation Panel (DEEP) prior to award of the developer contract. Since the appointment of Pitt Street Developer North Pty Ltd as the development partner, the scheme has been presented to the Design Review Panel (DRP) nine times, to seek feedback and to confirm design integrity. It is noted that the GANSW supports the Design Excellence Strategy as endorsed by the Secretary of the DPIE in accordance with condition A26 of the Concept SSD DA. The Sydney Metro DRP has given its endorsement that the proposal achieves design excellence and the design is ready for lodgement of the Detailed SSD DA to DPIE. The matters raised by the DRP that relate to the detailed architecture of the building are outlined below: 1. The honest expression of the plant floors capping the tower should be considered during design development and treatment of the roof plant level to achieve a more appropriate expression. The heights of the central portions of the roof volumes have been adjusted to suit the plant requirements within, the sides to the plantrooms are perforated to allow for supply, return air and other ventilation demands, while complying with restriction related to the Solar Access Plane and Building Envelope.

2. Tree planting is supported with further City of Sydney coordination. Further refinement required including the development of a strong set of principles to ensure a positive outcome. Two new kerbside trees are proposed at street level along Castlereagh Street, continuing the new trees that have been introduced in front of the Liberty Place entrance. Additionally, two new infill trees have been introduced on Park Street at grade. Tree planting has been proposed on the podium roof terraces on levels 10 and 11.

3. Design of the station entry should be refined to reduce the imposition of structural beams on the experience. Reconsider elements that are not critical to achieve a simple, grand entry commensurate with the Park Street location. The structural design of the station entrance skylight has undergone an in- depth review by the structural engineering team. All structural elements have been reduced to their smallest size allowing the maximum amount of daylight access to the station entrance.

4. Light well to the northern boundary to ensure an appropriate relationship to adjoining building to the north and the tower above. The NSW Masonic Club has already sold off any future developable bonus GFA in turn allowing the permissible envelope for the Pitt Street North site to include a 0m setback. Notwithstanding, some consideration of the adjacent heritage building has been provided by observing a minimum setback of 3m, allowing increased daylight penetration into the opaque south-facing windows of the NSW Masonic Club building. The northern facade of the OSD tower provides a set-back between 3 and 3.4m from the site boundary for the length of the Masonic light well above the station transfer level on level 4.

5. Further refinement of the facades: detail and materiality. This includes further attention to the detail of the sandstone at ground level to achieve an appropriate civic response. The Pitt Street North development has interrogated the composition and materiality of adjacent heritage and modern buildings in order to define the appropriate location of stone elements within the podium facades. Key considerations were to increase the solidity of the building without losing the permeability at grade and views towards the activated uses on level 2 and 3 from the street.

6. Further study of the south-east corner to ensure satisfactory space for pedestrian movements. In-depth pedestrian modelling simulations have been produced by the project traffic engineer in order to assess the current and future crowd movement corridors at Pitt Street North in order to establish the functionality of proposed seating and other street furniture elements along the footpath.

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CONTENTS 7. The ground floor retail façade / shopfront required design options to be presented to the DRP. In order to reduce the linear length of inactive facades on Pitt Street adjacent to Ashington Place, a new retail unit had been proposed during the design development stages on Pitt Street with its entrance north of the main commercial lobby. The DRP’s preferred option has been incorporated into the final design proposal.

8. The heritage response on Castlereagh Street also required design options to be presented to the DRP. The project’s heritage consultant presented the vision for the Heritage Interpretation Plan. The heritage consultant’s preference was to not repeat the heritage display cases that are often done in the city but instead reference the rich horse and carriage history of the site in a more unique way, truly integrating it within the building’s fabric. The idea would be to develop a carving or relief in the proposed sandstone façade adjacent to the NSW Masonic Club in a similar fashion to the stone treatment seen in the entrance lobby of the EY Tower at 200 George Street.

9. Wind study for podium landscape and balustrade detail and height required ongoing refinement with the DRP. It was concluded that balustrades, regardless of height, will have negligible impacts on wind conditions for the ground plane.

10. Materiality of façade - bronze finish & sandstone required further refinement. The DRP ‘in principle’ supported the approach to the current material selection and recommended any future presentation include samples and final finishes be presented along with evidence of sign off by Sydney Metro on sealing and maintenance regimes.

11. Setback/ lightwells to Ashington Place required further refinement with the DRP. The design team concluded there would be no additional benefit to the tenants if a special treatment were to be introduced on the north facing lightwell wall, given the outlook is predominantly in an east-west orientation. Furthermore, the design team felt strongly about replicating the look and treatment to the existing lightwell walls on the north facing wall for consistency and to maintain the overall character of the lightwell and more generally the character of the heritage building itself. The panel members supported the proposed approach to the materiality of all Ashington Place lightwell facades.

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6. SUBSTANTIALLY THE SAME DEVELOPMENT Section 4.55(2)(a) of the EP&A Act requires the consent authority to be “satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all)”. The NSW Land and Environment Court has established several precedents as to what may be considered as being ‘substantially the same development’, and what should be factored into the consideration of this threshold test. Principles drawn from the judgements include that:

• The term ‘substantially’ means ‘essentially or materially having the same essence’.

• When a consent authority makes a determination as to whether a development is substantially the same it is a question of fact and degree and is not a question of law.

• The term to ‘modify’ means to ‘alter without radical transformation’.

• In comparing the approved development and the development as proposed to be modified it is necessary to undertake a qualitative and quantitative assessment of the developments in their proper context, and

• To undertake a numeric or quantitative assessment of the modification only in the absence of a qualitative assessment would be flawed. These considerations apply to the modification of a development through design modifications as well as amendments to conditions that impact the nature of the proposal. The consideration of the substantially the same development test should not only include the physical characteristics of the approved and modified schemes, but also the nature and magnitude of the impacts of the developments. In these respects, the modified scheme should be ‘essentially or materially’ the same as that originally approved. An assessment of the qualitative and quantitative elements of the development approved and as proposed to be modified are provided below. The development as proposed to be modified can be considered ‘substantially the same development’ as the development for which consent was originally granted as:

• No changes are proposed to the approved land uses for the OSD, being a mixed use or commercial scheme (not both);

• The development as proposed to be modified remains classified as SSD as it remains development for residential premises within a rail corridor or associated with railway infrastructure with a CIV of more than $30 million; • The proposal does not include any changes to the maximum building height or maximum car parking spaces permitted on the site; • Whilst there is an increase in the overall GFA sought for the site, this additional floor space is located wholly within the building envelope, and does not generate any adverse impacts in terms of built form impacts, traffic generation, shadowing or visual impact; • The proposed modifications to the building envelope to allow architectural features and embellishments to exceed the envelope are numerically minor (up to 410mm only) and have limited impact on the overall scale and built form of the approved development; • The proposed modifications have no more than a minimal impact on views and the visual impact of the development; • The proposed modifications do not adversely impact on the wind impact of the development; • The proposed changes to the building envelope respond better contextually to the scale of the adjacent heritage items and will have an overall negligible effect on the heritage significance of those buildings; and

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CONTENTS • The proposed development retains the ability to achieve the ecologically sustainable development commitments required by the Concept SSD DA. Further, the key reasons provided for granting consent to the development application as documented by the Minister for Planning remain valid for the development as proposed to be amended. Specifically, the development as proposed to be modified satisfies the following points: • The development is consistent with the NSW Government and Sydney City Council policies, including the Greater Sydney Regional Plan, the Eastern City District Plan and the SLEP as described within Section 7. The proposal as proposed to be modified is permissible with consent and generally compliant with the key development standards or scale and form of the building envelope as originally approved. • The impacts on the community and the environment can be appropriately minimised, managed or offset to an acceptable level as concluded in Section 9. In this regard, there are no additional mitigation measures needed as there are no additional adverse impacts generated by the modification. Specifically, the proposed modification will not significantly impact on the proposed built form or any views to and from the OSD. • The modifications sought in this proposal have been informed by the design of the Detailed SSD DA scheme, which has been closely reviewed by the Sydney Metro Design Review Panel. Endorsement of that scheme has been provided by the Sydney Metro Design Review Panel. • Weighing all relevant considerations, the project is in the public interest. As a result, the proposed modification is substantially or materially the same as the development for which consent was originally granted under the concept approval.

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7. STRATEGIC AND STATUTORY CONTEXT Under section 4.55(3) of the EP&A Act, the consent authority must take into consideration the relevant matters to the application referred to in section 4.15(1) of the EP&A Act. The following section provides an assessment of the development as proposed to be modified against the relevant environmental planning instruments. 7.1. STRATEGIC CONTEXT The following strategic planning policies have been considered in the assessment of the development as proposed to be modified:

• NSW State Priorities

• Greater Sydney Region Plan: A Metropolis of Three Cities

• Eastern City District Plan

• Future Transport Strategy 2056 and supporting plans

• State Infrastructure Strategy 2018

• Sustainable Sydney 2030

• Better Placed – an integrated design policy for the built environment of NSW 2017

• Development Near Rail Corridors and Busy Roads Interim Guideline

• Noise Policy for Industry

• Guide to Traffic Generating Development (RMS)

• NSW Planning Guidelines for Walking and Cycling

• Heritage Council Guideline on Heritage Curtilages 1996

• Heritage Council Guideline, Design in Context – guidelines for infill development in the Historic Environment, 2005

• Guide to investigating, assessing and reporting on Aboriginal Cultural Heritage in NSW (DECCW 2011)

• Central Sydney City Section 94 Development Contributions Plan

• Draft Local Strategic Planning Statement – City Plan 2036 Consistency with the relevant objectives contained within the abovementioned strategic policies is discussed in further detail below.

Table 9 – Consideration of proposed amendments against strategic planning context Strategic Plan Assessment

NSW State The NSW State Priorities is the State Government’s and Premier’s plan to guide policy Priorities and decision making across the State. The proposed development, as modified, is consistent with the relevant key objectives contained within the plan. These include:

Creating Jobs: Create 150,000 new jobs by 2019

The proposed modification to use podium level tenancies for retail premises associated with the OSD will help to encourage further job opportunities and meet the job creation targets set by the NSW State Government. The retail uses within the OSD will help to assist in the attractiveness and competitiveness of the Sydney City CBD for businesses operating in NSW.

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Delivering Infrastructure: Key metropolitan, regional and local infrastructure projects to be delivered on time and on budget

The NSW Government has committed to delivering ten significant infrastructure projects on time and on budget under the NSW State Priorities, including the Sydney Metro to be opened in 2024.

The Concept SSD DA supports the delivery of Sydney Metro by facilitating employment growth which is coordinated with the new Pitt Street North OSD. The proposed modifications will not hamper achievement of this objective.

Better Services: Ensure on-time running for public transport

The Sydney Metro Pitt Street Station North OSD will provide additional infrastructure within the Sydney CBD to reduce commuter congestion. The OSD once constructed, will contribute towards reducing travel and waiting times through the provision of a landmark development above the Pitt Street Station north entrance which attracts the community and transport patrons, while providing additional workers in proximity to public transport.

The proposed modifications to the building envelope remain consistent with the goals and objectives set out within the NSW State Priorities.

Greater Sydney A Metropolis of Three Cities is a bold vision for three, integrated and connected cities that Regional Plan – will rebalance Greater Sydney – placing housing, jobs, infrastructure and services within ‘A Metropolis of greater reach of more residents, no matter where they live. Setting a 40-year vision (to Three Cities’ 2056) and establishing a 20-year plan to manage growth and change for Greater Sydney in the context of social, economic and environmental matters.

The vision for the plan is built on these 30-minute cities within Greater Sydney, the Western Parkland City, Central River City and Eastern Harbour City, providing improved access through different modes of transport to various job opportunities, services, entertainment and cultural facilities across the metropolitan area. The Eastern Harbour City is well-established, well-serviced and highly accessibly by its radial rail network, with half a million jobs and the largest office market in the region.

The proposed Pitt Street Station North OSD responds to the Harbour CBD’s focus on innovation and global competitiveness to underpin its continued growth, backed up by the significant Sydney Metro City & Southwest project. In accordance with Objective 18, the proposal aligns explicitly with the regional plan by:

• Providing a significant amount of premium office and retail floor space (52,663m²) which strengthens the Harbour CBD’s economy globally and nationally;

• Comprising a commercial tower and activated podium which supports a diversity of uses; and

• Maximises opportunities presented by the Sydney Metro Pitt Street Station to improve business to business connections and support the 30-minute city.

Eastern City The Eastern City District Plan covers the LGAs of Sydney, Woollahra, Waverley, District Plan Randwick, Bayside, Inner West, Burwood, Strathfield and Canada Bay. Planning Priorities that directly relate to the proposed Pitt Street North OSD include:

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Strategic Plan Assessment

E1 - Planning for a city supported by infrastructure

The proposal aligns land use and infrastructure planning ensuring that infrastructure use is maximised by locating 54,651m² of commercial and retail floor space above the Sydney Metro Pitt Street Station. The development facilitated by the Detailed SSD DA aligns with the provision of place-based infrastructure which encourages active transit methods such as walking and cycling and use of the Sydney Metro Pitt Street North Station.

E6 – Creating and renewing great places and local centres and respecting the District’s heritage.

The Pitt Street North OSD facilitates the creation of a vibrant and active integrated station development that delivers retail and office space in a highly accessible location. The site is located in close proximity to significant public areas of the CBD including Hyde Park, Pitt Street Mall and Town Hall / Sydney Square.

The proposal respects the surrounding built form and has been carefully designed to respect the heritage values of adjacent heritage buildings.

E7 – Growing a stronger and more competitive Harbour CBD.

The District Plan notes that the Harbour CBD is Australia’s financial and business capital, contains the largest proportion of headquarters for multinational and national companies, and contains Australia’s most significant finance industry cluster. The concentration of this large and specialised financial cluster attracts global talent and investment but is constrained by the limited capacity for the Sydney CBD to expand and deliver premium office space. Accordingly, the District Plan recommends that commercial development is supported within the CBD to assist in meeting the 45,000-80,000 future jobs that have been forecast for this region.

The proposed development will deliver additional premium office space within the financial and banking heart of Australia. This proposed increase in commercial floor space also recognises the potential to increase economic activity, driven by the catalytic effect of the enhanced rapid transit network, at this economically strategic location. This is consistent with the Planning Priority that seeks to safeguard the competitiveness of Sydney in both a domestic and international context.

E10 – Delivering an integrated land use and transport planning and a 30-minute city.

By providing commercial and retail floor space over the Pitt Street North metro station and thereby improve access to jobs, the proposal contributes to the vision for a 30-minute city. The proposal will facilitate employment growth that is coordinated with and will be delivered at the same time as the new metro station to improve access to jobs and public transport.

E11 – Growing investment, business opportunities and jobs in strategic centres.

The proposal will deliver a new commercial tower in the Central Sydney commercial district that has the potential to accommodate up to 2,500 full time equivalent employees once operational and will generate approximately 1,000-1,200 jobs when under construction. The site is in a highly accessible location within close proximity to a large

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number of other commercial buildings, thereby strengthening the opportunities for business growth in the CBD.

Future The NSW Government’s Future Transport Strategy 2056 sets the 40-year vision, Transport directions and outcomes framework for the transport system and customer mobility in Strategy 2056 NSW, which are divulged for Regional NSW and Greater Sydney. It will guide transport investment over the longer term delivered through a series of services and infrastructure plans and other supporting plans.

The site benefits from being located directly above the future Pitt Street metro station which forms an important cog in the Sydney Metro City & Southwest project. The strategic location of premium grade commercial floorspace delivers economic benefits for Sydney by enhancing connectivity between businesses and people. The proposal provides an opportunity to boost the city’s productivity by allowing future businesses to access a wider range of works and allowing employees to access jobs faster and more reliably.

The proposal supports public transport patronage, active modes of transport, and achieves best practice ESD targets.

State The NSW State Infrastructure Strategy 2018 - 2038 sets out the NSW Government’s Infrastructure vision for infrastructure over the next 20 years, focussing on aligning investment with Strategy 2018 sustainable growth. For Metropolitan NSW, the primary goal is to provide residents with access to jobs and services within 30 minutes, known as the ‘30-minute city’ model.

The Strategy sets out six directions for infrastructure in NSW, of which the following are relevant:

• Better integrating land use and infrastructure

The proposal will deliver additional jobs in coordination with the new metro station beneath, so that capital investment keeps pace with new jobs.

• Delivering infrastructure to maximise value for money

The development directly assists in the timely delivery of the new metro station and in achieving the priority to provide infrastructure projects on-time and on-budget. Through the provision of bicycle storage facilities and the provision of minimal car parking, the proposal will assist in promoting the use of the existing walking and cycling network, as well as the heavy and light rail metro network.

• Optimising asset management

The proposal has been designed with consideration of the life cycle of the asset so that the integrated station and OSD solution is ‘futureproofed’, and that the life, availability and use of railway infrastructure on the site are appropriately safeguarded.

• Making our infrastructure more resilient

The proposal has been designed with regard to flooding and other environmental considerations, to ensure that the development is not vulnerable to hazards.

• Using innovative service delivery models

The proposal brings together the best skills of the private sector in delivering the Pitt Street metro station. It represents an innovative approach that supports the NSW

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Strategic Plan Assessment

Government in funding the cost of this step-change piece of public transport infrastructure and delivering a range of public benefits.

Sustainable Sustainable Sydney 2030 is a long-term plan prepared by the City of Sydney to achieve a Sydney 2030 green, global and connected city. It contains ten strategic directions, of which the following are relevant and will be delivered by the proposal:

• A globally competitive and innovative city;

• Integrated transport for a connected city;

• A city for walking and cycling;

• A lively and engaging city centre.

The proposal will facilitate the delivery of the Sydney Metro infrastructure and additional jobs in a highly accessible city centre, encouraging walking and cycling. Specifically, the proposal will address the three key pillars of Sustainable Sydney 2030 as follows:

Better Placed – Better Placed (2017) is an integrated design policy for the built environment, prepared by an integrated the Government Architect of NSW, to create a transparent approach to ensure good design policy design outcomes are achieved to deliver desired architecture, public places and for the built environments throughout NSW (September 2017). The policy includes seven applicable environment of objectives: NSW 2017 • Better fit – contextual, local and of its place

• Better performance – sustainable, adaptable and durable

• Better for the community – inclusive, connected and diverse

• Better for people – safe, comfortable and liveable

• Better working – functional, efficient and fit for purpose

• Better value – creating and adding value

• Better look and feel – engaging, inviting and attractive.

In conjunction with the Detailed SSD DA design, the modifications have been subject to an extensive design review that involved a collaborative, cyclical and iterative process which has resulted in a better-resolved envelope design solution.

The proposed modifications will accommodate a built form that is sustainable, functional, sensitive to its context and visually distinctive as encouraged by objectives of Better Placed, in line with the approved Concept SSD DA.

Development The Development Near Rail Corridors and Busy Roads guideline assists in the planning, Near Rail design and assessment of development which is in or adjacent to rail corridors and busy Corridors and roads. The application of the guideline shares a close relationship with the State Busy Roads Environmental Planning Policy (Infrastructure) 2007, supporting specific rail and road guideline provisions contained within.

The Guideline relates to development impacted by rail corridors and busy roads, in terms of noise and vibration and air quality, as well as the potential impact of adjacent development on roads and railways, with regards to safety and design issues and

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CONTENTS Strategic Plan Assessment

excavation, earthworks and other construction-related issues. The Pitt Street North Station OSD proposal capitalises on concentrating jobs within easy walking distance above the future Sydney metro station, thus improving access and opportunities for increased rail patronage.

Noise Policy for The Environment Protection Authority’s (EPA) Noise Policy for Industry (2017) is a Industry strategic document in relation to the assessment and management of industrial activities and associated noise sources. Section 1.5 of the Policy states that it does not apply to industrial uses related to transportation corridors or construction activities.

Notwithstanding, potential noise impacts from the OSD is discussed in further detail in Section 8.6.

RMS’ Guide to The RMS’ Guide to Traffic Generating Developments outlines all aspects of traffic Traffic generation considerations relating to developments. The Guide establishes the grounds Generating for traffic impact assessment in terms of daily traffic volumes and peak traffic volumes for Developments commercial office/retail land uses.

The modification proposed to the Concept SSD DA building envelope does not introduce any new issues associated with traffic generation above what has previously been considered under SSD 17_8875. The Detailed SSD DA to be lodged will include a traffic and transport impact assessment which considers the strategic context of this Guideline and the statutory context of the Infrastructure SEPP as the basis for assessment.

NSW Planning These guidelines function to improve the consideration of walking and cycling and their Guidelines for role in the creation of sustainable neighbourhoods and cities. The modified Concept DA Walking & proposal and ultimate Pitt Street North OSD will continue to align with these guidelines by Cycling improving walkability and bicycle access across Sydney CBD through the provision of new pedestrian routes, end-of-trip facilities and wayfinding signage. This will contribute to a high-quality pedestrian and cycling environment, which is conducive to use of active transport options by future OSD occupants and visitors.

Sydney’s Bus Sydney’s Bus Future 2013 outlines the NSW Government’s long-term plan to deliver an Future 2013 integrated bus network which is simpler, faster and better within Sydney to meet current and future customer needs. The overarching aim is to provide an integrated bus network which seamlessly connects to other transport services and opportunities.

The modified envelope continues to align with the objectives by locating commercial office floorspace within walking distance of various key bus routes.

Sydney’s Sydney’s Cycling Future (2013) provides a framework for the way cycling is planned and Cycling Future prioritised in Sydney. It aims to grow the number of people cycling for transport by (2013) investing in safe, connected networks, making better use of existing infrastructure and fostering the formation of partnerships to develop cycling infrastructure.

The development provides high quality bicycle parking and end-of-trip facilities for future occupants. The site currently has access to nearby cycle networks and is highly accessible.

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Strategic Plan Assessment

Sydney’s Sydney’s Walking Future (2013) aims to promote walking as a means of effective Walking Future transport within Sydney by encouraging investment in safe, permeable walking networks. (2013) The surrounding road network provides the site and OSD with pedestrian access. Public domain improvements will be included as part of the detailed design SSD DA and will be designed to meet any relevant requirements of Sydney’s Walking Future.

Heritage The assessment of heritage impacts within the Heritage Impact Statement in Appendix F Council has been undertaken in reference to the model questions given in the NSW Heritage Guideline on Office’s publication ‘Statement of Heritage Impacts’. The responses assess the potential Heritage heritage impacts of the proposed OSD on heritage items. Curtilages 1996

Heritage Council Guideline, Design in Context – guidelines for infill development in the Historic Environment, 2005

Guide to investigating, assessing and reporting on Aboriginal Cultural Heritage in NSW

7.1.1. Central Sydney Section 94 Development Contributions Plan The OSD is subject to the City of Sydney Council’s contributions requirements under the Central Sydney Development Contributions Plan 2013. The levy aims to assist the funding of public facilities such as facilities, amenities and services required to meet the needs of an increasing workforce population. The levy is calculated at 1% of the development cost and is sought before obtaining the Construction Certificate. 7.1.2. Draft Local Strategic Planning Statement – City Plan 2036 The City Plan 2036: Draft City of Sydney Local Strategic Planning Statement sets out a 20-year land-use vision and the planning priorities and actions to achieve the vision. It unites the Greater Sydney Commission's plans and Sustainable Sydney 2030, and the future Sustainable Sydney 2050, to develop new planning controls for the City of Sydney. The LSPS is intended to guide future changes to planning controls, informs decisions about infrastructure and sets out frameworks for collaboration with key stakeholders on planning matters. The LSPS sets out 13 planning priorities to guide future changes to the City’s planning controls of which the following relate to UND and its broader objectives under the themes of infrastructure, liveability, productivity and governance:

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CONTENTS 1. Movement for walkable neighbourhoods and a connected city 2. Align development and growth with supporting infrastructure 4. A creative and socially connected city 5. Creating great places 6. New homes for a diverse community 7. Growing a stronger, more competitive Central Sydney 11. Creating better buildings and places to reduce emissions and waste and use water efficiently 13. Open, accountable and collaborative planning The LSPS also sets housing and jobs targets in response to the NSW Government's Eastern City District Plan. Vision The Council has set a vision for the City based on three distinct themes which include Green, Global and Connected. The LSPS recognises three areas of vision which relate to the Pitt Street North OSD and station development and the broader objectives envisaged for the site.

• Green

− The city’s places and spaces will support the community’s resilience to social, economic and environmental changes, including changing climate.

− Excellence in the design of the city’s places, spaces and buildings will attract people, encourage them to stay and make high density places healthy and enjoyable. Comment: The Detailed SSD DA and modification application will help to realise the vision for a greener global city that will improve the places, spaces and buildings serving the greater community and the residents that it serves by providing an energy-efficient building, providing occupants with access to public transport and reducing car dependency and the location allows occupants to walk and cycle to places of interest including Hyde Park and nearby cultural and entertainment hubs.

• Global The Council seeks to ensure that “Sydney will remain Australia’s most significant global city, home to globally aware people, jobs and businesses and an international gateway with world-class tourism attractions and sustained investment in cultural infrastructure, icons, amenities and public spaces.”

− In economic orientation and partnerships, an open-minded outlook, and a diverse community. Comment: The delivery of the Sydney Metro and the OSD development as proposed in the detailed SSD DA and supported by the modification application will help to realise the Council vision, in which the partnership between the NSW Government and private developers, such as Sydney Metro and the Pitt Street Developer North Pty Ltd in collaboration will help to deliver the infrastructure and commercial office floorspace to serve a diverse and growing community.

• Connected The Council vision for connectedness includes:

− physically by walking, cycling and high-quality public transport, through culture, place and social wellbeing, and to those with interest in the city. Comment: The Detailed SSD DA and this supporting modification application will help to realise the Council vision for a more connected city with the delivery of high-quality public transport and commercial office floorspace within one development that will promote place, social well-being and opportunities to access services, and places by walking or cycling.

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7.2. STATUTORY PLANNING CONTEXT The EIS submitted with SSD 17_8874 assessed compliance against the relevant environmental planning instruments as follows:

• Environmental Protection and Biodiversity Act 1979 (EP&A Act)

• NSW Biodiversity Conservation Act 2016

• Airports Act 1996

• State Environmental Planning Policy (State & Regional Development) 2011

• State Environmental Planning Policy (Infrastructure) 2007

• State Environmental Planning Policy No. 55 (Remediation of Land)

• State Environmental Planning Policy No.64 – Advertising and Signage

• Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

• Draft State Environmental Planning Policy (Environment)

• Draft State Environmental Planning Policy (Remediation of Land) 2018

• Sydney Local Environmental Plan 2012

• Sydney Development Control Plan 2012

• Draft Sydney Local Environmental Plan 2020 The proposal’s compliance with the relevant statutory provisions is outlined in the following sections. As outlined in the SEARs for the original Concept DA, the statutory provisions contained in the planning instruments listed below have been addressed for the modified Concept SSD DA. 7.2.1. Environmental Planning & Assessment Act 1979 (EP&A Act 1979) The EP&A Act establishes the assessment framework for SSD, and in section 4.36 indicates that a state environmental planning policy may declare a development to be SSD. Under section 4.5(a) of the EP&A Act, the Minister is the consent authority for SSD DAs if the Independent Planning Commission has not been declared to be the consent authority for the development by an environmental planning instrument. The approved Concept SSD DA is a staged development application as per Division 4.4 of the EP&A Act. A Concept DA is one that sets out concept proposals for the development of a site, and for which detailed proposals for separate parts of the site are to be the subject of subsequent development applications. The modification application seeks consent to amend the approved Concept SSD DA approved for the site, while a Detailed SSD DA is concurrently lodged for the detailed design of the development. The EIS and Response to Submissions Report submitted with the original Concept SSD DA examined all matters affecting or that are likely to affect the environment by the proposed development. Table 10 provides an assessment of the proposed building envelope as proposed to be modified against the objects contained within section 1.3 of the EP&A Act.

Table 10 – Objects of the EP&A Act Object Comment / Response

To promote the social and economic welfare The proposal promotes the social and economic welfare of of the community and a better environment by the community and a better environment through the the proper management, development and delivery of an integrated transport-oriented development conservation of the State’s natural and other above the Pitt Street North site. resources.

To facilitate ecologically sustainable The ESD commitments are consistent with those included development by integrating relevant within the Concept SSD DA. This modification is committed

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economic, environmental and social to achieving high standards of ecologically sustainable considerations in decision-making about the development and is accompanied by a detailed ESD environmental planning and assessment. Report (Appendix E).

To promote the orderly and economic use and The proposal promotes the orderly and economic use and development of land. development of land through a staged planning process which delivers an integrated design response that responds to the site constraints and complexity of the development.

To protect the environment, including the The OSD is located within an established urban conservation of threatened and other species environment. In addition, a BDAR waiver has been issued of native animals and plants, ecological from the DPIE which determined the proposal will have no communities and their habitats. impact on threatened species or their habitats as outlined in Section 7.2.2.

To promote sustainable management of built The proposal respects the significance of surrounding built and cultural heritage (including Aboriginal heritage as outlined in Section 8.8 and the Heritage cultural heritage). Impact Assessment (Appendix F).

To promoted good design and amenity of the An Endorsed Design Excellence Strategy has been built environment. prepared to ensure the future development contributes to a well designed built environment.

To promote proper construction and Construction staging and impact management will be maintenance of buildings, including the addressed in the Detailed SSD DA. protection of the health and safety of their occupants.

To promote the sharing of responsibility for Relevant Government agencies have been consulted environmental planning and assessment throughout the concept and detailed design processes. It between different levels of government in the is noted that the Minister for Planning is the consent State. authority as the development is considered SSD.

To provide increased opportunity for An inclusive public consultation strategy has been community participation in environmental implemented throughout the project design process (refer planning and assessment. to Section 5)

Overall, the proposed development as sought to be modified remains consistent with the objects and general terms of the EP&A Act. 7.2.2. Biodiversity Conservation Act 2016 The purpose of the Biodiversity Conservation Act 2016 ‘is to maintain a healthy, productive and resilient environment for the greatest well-being of the community, now and in the future, consistent with the principles of ecologically sustainable development.’ Clause 2 of section 7.9 of the Biodiversity Conservation Act 2016 requires a DA for SSD to be accompanied by a Biodiversity Development Assessment Report (BDAR). As part of the original Concept SSD DA, on the 11 May 2018, the NSW Department of Planning and Environment (now DPIE) granted a waiver under section 7.9(2) of the Biodiversity Conservation Act 2016, concluding that:

• The proposed development is not likely to have any significant impact on biodiversity values; and

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• There is no need to submit a BDAR as part of the SSD DA. A request seeking a waiver for the requirement for a BDAR associated with the proposed Detailed SSD DA, was sought on 5 May 2020. The request was accompanied by an assessment of the Detailed SSD DA proposal against the relevant provisions of the Biodiversity Conservation Act 2016 and the Biodiversity Conservation Regulation 2017. The proposal will not have any likely impact on the surrounding natural environment and abundance of species, habitat connectivity, threatened species movement and flight paths of protected animals, nor will it impact upon water quality surrounding the site (sustainability) and the site does not contain abundant vegetation. Accordingly, a BDAR waiver was issued by the NSW DPIE and OEH on 22 May 2020 and it was determined a BDAR is not required as part of the Detailed SSD DA nor as part of this proposed modification. Due to the direct correlation between the modification sought and the Detailed SSD DA design, it is considered that clause 2 of Section 7.9 of the Biodiversity Conservation Act 2016 has been satisfied. 7.2.3. Airports Act 1996 The introduction of a protrusions outside the approved building envelope and raising of the podium height as sought in this modification application will continue to result in a tower development that will breach the Obstacle Limitation Surface which is prescribed at a height of 156m AHD at the site, triggering a controlled activity under the Airports Act 1996 (Airports Act). Under Section 183 of the Airports Act, a controlled activity (as defined in Section 182) cannot be undertaken unless that carrying out the activity is in accordance with the approval granted under the relevant regulations. The detailed SSD DA application for the OSD will be subject to approval under the Airports Act. The building envelope as approved under the concept SSD DA sought concurrence and approval of the building envelope, which was deemed appropriate. The modifications sought in this application do not seek to amend the approved maximum building height under the Concept SSD DA. 7.2.4. State Environmental Planning Policies (SEPPs) The relevant State Environmental Planning Policies are addressed in Table 11 below. Overall, the modified Concept SSD DA remains consistent with the relevant SEPPs as originally approved under SSD 8875.

Table 11 – Consistency with Relevant SEPPs SEPP Comment

State Environmental The SRD SEPP has the purpose of identifying development that is SSD, SSI Planning Policy (including critical) and regionally significant development. Pursuant to clause 19(2), Schedule 1 of the SRD SEPP indicates that the following development is SSD: (State and Regional Development) 2011 Development within a rail corridor or associated with railway infrastructure that (SRD SEPP) has a capital investment value of more than $30 million for any of the following purposes:

• commercial premises or residential accommodation,

• container packing, storage or examination facilities,

• public transport interchanges.

As the proposal is for the purposes of a ‘commercial premises’ associated with railway infrastructure and has a capital investment value of more than $30 million, it is classified as SSD for the purposes of the EP&A Act. The modified Concept SSD DA will be assessed under the relevant provisions of Part 4 of the EP&A Act.

It is noted that clause 11 of SRD SEPP 2011 states that Development Control Plans (DCPs) do not apply to SSD applications.

State Environmental The relevant matters for consideration in the Infrastructure SEPP 2007 include Planning Policy referral requirements for development. (Infrastructure) 2007

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CONTENTS SEPP Comment (Infrastructure Clause 85 of Division 15 (Railways) indicates that development in or adjacent to a SEPP) rail corridor must be referred to the relevant rail authority.

As per clause 85, the consent authority must provide notice to the relevant rail authority within seven days after the application is made for their consideration prior to the determination of the Detailed SSD DA. The proposal relates to development located within the Sydney Metro City & Southwest Corridor will be referred to the relevant rail authority for comment.

Clause 88B (near proposed metro stations) applies to land shown as CBD Metro Station Extent, which includes the subject site.

A consent authority must not grant consent to development on land to which this clause applies unless it has taken into consideration

(a) whether the proposed development will adversely affect the development and operation of a proposed metro station, including my impeding access to, or egress from, the proposed metro station, and

The proposed concept approval modification will facilitate a building design which has been integrated with the Pitt Street Metro North Station entrance, as will be demonstrated in the detailed SSD DA. Consistency with the required Station Design and Precinct Plan will be facilitated by the proposed modifications, including the location of OSD entrances away from the metro station entrance on Park Street, and the provisioning for station floorspace within the building’s podium.

(b) whether the proposed development will encourage the increased use of public transport.

The proposal does not seek to increase the provision of car parking spaces on site, yet seeks an increase in GFA which will be delivered as commercial floorspace. It is expected that a significantly high proportion of employees and tenants within the building will utilise public transport for their journey to work. This will be further encouraged through the initiatives set out in the Green Travel Plan which accompanies the Detailed SSD DA. The increased GFA on the site will further increase public transport patronage from the quantum originally approved, purely due to increased employment density on the site.

Clause 104 (Traffic Generating Development) and Schedule 3 of the SEPP, requires that new proposals with a commercial floorspace in excess of 10,000sqm must be referred to RMS for comment. This threshold is triggered for this application.

State Environmental State Environmental Planning Policy No.55 – Remediation of Land (SEPP 55) Planning Policy No. provides a State-wide approach to the remediation of contaminated land, and 55 – Remediation of primarily promotes the remediation of contaminated land for the purpose of Land (SEPP 55) reducing risk of harm to human health. As all demolition and excavation will be completed as part of the Sydney Metro Pitt Street Station works, SEPP 55 and potential site contaminants will be addressed in accordance with the relevant conditions of the CSSI approval. Therefore,

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SEPP Comment provisions of SEPP 55 have been wholly addressed through that approval and are not relevant to the Concept or Detailed SSD DA.

State Environmental The State Environmental Planning Policy No.64 – Advertising and Signage (SEPP Planning Policy No. 64) aims to ensure that signage is compatible with the desired amenity and visual 64 – Advertising and character of an area, provides effective communication in suitable locations, and is Signage (SEPP 64) of high-quality design and finish. The modified Concept SSD DA does not seek consent for any physical signage. The concurrent Detailed SSD DA includes an assessment of the indicative signage zones against SEPP 64.

Sydney Regional The Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Environmental Plan (SREP) is a regional planning instrument that aims to ensure the catchment, (Sydney Harbour foreshores, waterways and islands of Sydney Harbour are recognised, protected, Catchment) 2005 enhanced and maintained as a natural and public asset of national significance. (SREP) (deemed The site is located within the Sydney Harbour Catchment area but not within the SEPP) Foreshores and Waterways area. Therefore, clause 26 of the SREP is relevant to the consideration of the proposed development with regards to the maintenance, protection and enhancement of views. Matters to be taken into consideration in relation to clause 26 include:

• Development should maintain, protect and enhance views (including night views) to and from Sydney Harbour;

• Development should minimise any adverse impacts on views and vistas to and from public places, landmarks and heritage items; and

• The cumulative impact of development on views should be minimised.

Due to the distance of the site and depth of the proposed minor façade fenestration, the proposed introduction of protrusions beyond the approved building envelope are considered unlikely to impact views to and from Sydney Harbour. Visual and view impacts are also discussed in further detail in Section 8.2 of this report.

Draft State In October 2017 DPIE released an Explanation of Intended Effect (EIE) for the Environmental proposed Draft State Environmental Planning Policy (Environment SEPP) 2017. Planning Policy The overarching aim of the Draft Environment SEPP is to combine seven existing (Environment) 2017 SEPPs into a simple, modern and accessible instrument which promotes the (Environment SEPP) protection and improvement of key environmental assets for their intrinsic value and social and economic benefits.

Only one of the affected SEPPs, notably the Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005, relates to the modified concept proposal as the site is located within this catchment area. The concept proposal as proposed to be modified remains consistent with the Draft Environment SEPP.

Draft State The concept proposal does not necessitate the need to undertake remediation Environmental works, given the substantial works previously undertaken as part of the CSSI Planning Policy approval for the Pitt Street North Station portal.

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CONTENTS SEPP Comment (Remediation of Land) 2018

7.2.5. Sydney Local Environmental Plan 2012 (SLEP) The Sydney Local Environmental Plan 2012 (SLEP) is the principal local planning instrument applying to the site, establishing the permissible land uses, key development standards, setbacks, visual impact, views and heritage conservation requirements. Land Use Zoning and Permissibility The site is located within the B8 Metropolitan Centre zone under SLEP 2012 (refer Figure 30). The objectives of the zone are:

• To recognise and provide for the pre-eminent role of business, office, retail, entertainment and tourist premises in Australia’s participation in the global economy.

• To provide opportunities for an intensity of land uses commensurate with Sydney’s global status.

• To permit a diversity of compatible land uses characteristic of Sydney’s global status and that serve the workforce, visitors and wider community.

• To encourage the use of alternatives to private motor vehicles, such as public transport, walking or cycling.

• To promote uses with active street frontages on main streets and on streets in which buildings are used primarily (at street level) for the purposes of retail premises.

Figure 30 – SLEP 2012 Land Zoning Map

Source: SLEP 2012

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The proposed amendments to the concept application reflect a detailed design scheme for a commercial development which is permissible with consent in the B8 Metropolitan Centre zone. The overall proposal, enabled by the concept modification, will remains consistent with the zone objectives as it:

• Serves the needs of the local and wider community by providing an increase in commercial floor space including retail premises and office premises within the commercial core of the Sydney CBD.

• Encourages employment in a highly accessible location immediately above the approved metro station and within proximity to Town Hall Station, bus routes, taxis and active transport networks for walking and cycling.

• Promotes public transport use and encourages active transport use through minimising private car parking provision on site and enabling users of the OSD to efficiently access the new metro station and surrounding public transport and active transport options.

• Makes efficient use of the site to contribute to Sydney’s role as a global city through a high-density building envelope, commensurate with a Central Sydney location, benefiting from excellent access to transit, goods, services and open space.

• Contributes to the overall diversity of land uses in Sydney, providing for additional out of hours activation at the site including active frontages along Pitt Street, Park Street and Castlereagh Street. Development Standards The modification proposed to the Concept SSD DA has been assessed against the relevant development standards contained within the SLEP 2012 and is discussed in Table 12 below.

Table 12 – SLEP 2012 Compliance of Development Standards Clause Proposal / Compliance

4.4 Floor Space Ratio The proposed overall floorspace contained in both the OSD (54,651 sqm) and (FSR) metro station (1,092 sqm) totals 55,743sqm which is equivalent to an overall site FSR of 17.7:1. This figure exceeds the approved GFA for the site (by way of the original concept approval) of 50,310 sqm (15.9:1) and the allowable FSR for the site based on the floor space composition (and including a 10% Design Excellence Bonus and End of Journey Floorspace) of 13.8:1.

A clause 4.6 variation to this development standard is not required to support a s.455(2) modification application however the merits of the proposed variation are assessed in Section 8.2 of this report.

5.10 Heritage The site is located within close proximity to a number of Local and State heritage Conservation items listed under the SLEP 2012. The proposed modifications to the building envelope will not have any adverse impacts on the surrounding heritage items. These potential impacts have been discussed in further detail in Section 8.8 of this planning report and within the Heritage Impact Assessment at Appendix F. The detail SSD DA will further consider any potential impacts upon surrounding heritage items.

6.16 Erection of tall The proposed modifications will not change the maximum building height as buildings in Central approved in the Concept SSD DA. These issues are to be further addressed in the Sydney Detail SSD DA.

6.17 Sun access The site is affected by the Hyde Park West Sun Access Plane. No change is planes proposed to the concept approval which would compromise compliance with this Sun Access Plane.

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6.19 Overshadowing The proposed modifications will not result in a built form that will overshadow the of certain public nominated public spaces during any of the specified time periods. No change is places proposed to the building envelope which would increase shadowing to these public places.

6.21 Design Design excellence is addressed in Section 8.6. excellence

7.2.6. Sydney Development Control Plan 2012 (SDCP) In accordance with section 4.22 of the EP&A Act, a Concept DA can be made to establish the concept proposal for the development of a site to which separate and future detailed proposals adhere to. A Concept Proposal may also be undertaken in lieu of the preparation of a site-specific DCP in accordance with section 4.23 of the EP&A Act. The approved Concept SSD DA and the associated Pitt Street North OSD Design Guidelines set the built form parameters for the subject site and act as a site-specific DCP. Together, they establish the parameters for future development in the form of building envelopes and apply detailed objectives and design principles to shape the design development of buildings. Further, clause 11 of the SRD SEPP states that development control plans do not apply to State significant development. Notwithstanding, the Sydney Development Control Plan 2012 (SDCP) provides a reference point for the detailed design of buildings, including local design considerations such as waste management, access and loading, and local character. The key areas of the SDCP that relate to the proposed modification to the Concept SSD DA are outlined below.

Table 13 – Consistency of the Proposed Development with Key Provisions of the SDCP Section Response

3.2.1.1 Sunlight to Overshadowing impacts have been further discussed at Section 8.5. Publicly Accessible Spaces

3.2.1.2 Public Views View impacts have been further discussed at Section 8.3.

3.3 Design Design excellence and the design development process is further discussed in Excellence and Section 2.3 and Section 8.6. Competitive Design process

3.9.1 Heritage Impact Heritage impacts have been further discussed at Section 8.8 and a Heritage Statements Impact Statement provided at Appendix F.

5.1.1 / 5.1.2 Street Setbacks and frontage heights have been addressed in Section 8.4. Frontage Heights and Setbacks

5.1.10 Sun Access Sun access planes are further addressed in Section 8.5. Planes

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7.2.7. Draft Sydney Local Environmental Plan 2020 The Central Sydney Planning Strategy 2016-2036 (CSPS) is the City of Sydney’s 20-year strategy to manage the growth of Central Sydney (i.e. Sydney CBD). The strategy seeks to prioritise employment capacity, implement genuine mixed-use development controls, support additional density in some locations, and introduce additional requirements for ESD initiatives and affordable housing contributions. The 10 key moves and their associated ‘actions’ were categorised in order of stages: short-term (1-2 years), medium- term (2017 to 2036) and ongoing. The CSPS was originally released by the City of Sydney in 2016. On 6 December 2019, the Minister for Planning issued ‘in principle’ agreement for the CSPS and associated Planning Proposal (Central Sydney 2020), with three key changes to the exhibited package. On 10 February 2020, the amended CSPS and associated Planning Proposal were endorsed by the City of Sydney for submission for Gateway Determination. Gateway Determination was finalised for the Central Sydney 2020 Planning Proposal on 11 March 2020 and it was placed on public exhibition on 5 May 2020. The changes to the SLEP 2012 proposed to be introduced by the Central Sydney 2020 Planning Proposal are: Zoning The Planning Proposal includes an amendment to the B8 Metropolitan Zone objectives to reinforce the important role that employment floor space plays in the city. A key change includes an objective to promote the primary role of the zone as a centre for employment and permit residential and serviced apartment accommodation where they complement employment generating uses. The proposed commercial land use is appropriate for the site as outlined within the concept SSD DA, and is supported by the proposed amendments to the B8 Metropolitan Zone within the Central Sydney 2020 Planning Proposal. Land Use and FSR To strengthen employment-generating land uses, an amendment to the existing accommodation floor space provisions are proposed to encourage more commercial, hotel and cultural space and disincentivise residential floor space. The proposal relies upon accommodation floor space incentives as outlined and established as appropriate within the concept SSD DA. Tower Clusters The amendment to the CSPS includes a design excellence bonus pathway for development in four tower clusters (near Barangaroo, Circular Quay, Central and Town Hall) for sites that demonstrate design excellence and meet a series of prescribed conditions. Under the new pathway, sites within the four mapped tower clusters can benefit from up to 50% additional floor space and additional height under a new design excellence pathway, which introduces more stringent provisions for design excellence competitions. The site is not located within a tower cluster and as such will not benefit from these draft provisions. Height The CSPS proposes a refinement of the Sun Access Planes to ensure the diagrams relevant to each protected park are accurate. The proposed development has been designed to comply with the Hyde Park West sun access plane.

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CONTENTS 8. ENVIRONMENTAL ASSESSMENT Under section 4.55(3) of the EP&A Act, the consent authority must take into consideration the matters referred to under section 4.15(1) of the EP&A Act and the reasons given by the consent authority for the granting of the original consent. During the assessment of the SSD 8875, the DPIE considered several key issues, including those related to:

• Building height

• Gross Floor Area / Floor Space Ratio

• Setbacks and building separation

• Heritage

• Building envelope and land use options

• Design Excellence

• Integration with metro station and public domain

• Other Issues Each of these matters are considered in the following sections, in addition to the relevant matters prescribed by section 4.15(1)(b)-(e) of the EP&A Act. 8.1. BUILT FORM AND URBAN DESIGN The proposed building envelope modification is detailed in the Architectural Plans (Appendix C) and Architectural Design Report (Appendix D) prepared by Foster + Partners. The Concept DA modification has been prepared in conjunction with the ongoing detailed design development of the OSD which has established a vision for the site to be the new thriving hub in the Sydney CBD through the delivery of a landmark, commercial development which seamlessly interacts with the Sydney Metro public infrastructure. This project offers a rare opportunity to create a unified public transport and OSD proposal where a commercial tower is seamlessly integrated. The North OSD has been designed to provide Sydney with a new premium office tower, with a floorplate configuration that maximises views, aesthetics and responds to specific site constraints and its wider context. Podium Height Increase The modification to the height of the podium will improve the built form and urban design outcome for the development by aligning with the adjoining heritage buildings, both of which are slightly higher than the DCP suggested street wall height of 45m. This approach is supported within the Heritage statement prepared by GBA Heritage, as well as the OSD Design Guidelines which state that the alignment with the neighbouring heritage buildings is considered to deliver the best contextual answer and design aesthetic for the street. The height of the podium component to the west (Pitt Street) and south (Park Street) is proposed to increase to match that of the adjoining twelve-storey heritage building to the north of the site, the National Building (Ashington Place) on the Pitt Street side, with a top of facade RL of 69.60, which is 1,600mm above the previously approved podium height for the OSD. This increase in podium height does not result in additional GFA, as the additional height on the podium roof terraces will be delivered through location of planter boxes in this location in the detailed SSD DA.

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Figure 31 – Modified Building Envelope - Pitt Street

Source: Foster + Partners

Figure 32 – Modified Building Envelope - Park Street

Source: Foster + Partners

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CONTENTS For continuity, the height of the podium along Park Street to the south and the south eastern component of Castlereagh Street maintains the street wall height of the National Building (Ashington Place) on the Pitt Street side, with a top of facade RL of 69.60. The north eastern portion of the Castlereagh Street podium is increased again to align with the adjoining NSW Masonic Club with a top of facade RL of 73.41, which is 5,410mm above the previously approved podium height for the OSD, as shown in Figure 33.

Figure 33 – Modified Building Envelope – Castlereagh Street

Source: Foster + Partners

Generally, existing street wall and podium heights in the vicinity of the site vary. Buildings to the south of Park Street do not have typical podium features and towers are set back at upper levels for solar access. Podium and low-rise buildings to the north of Park Street vary greatly in building height pending whether they are located on the east or west of the site. Buildings to the eastern side of Park Street, have a built form which generally adheres to the 45m street wall, while buildings on the west are complementary to the prevailing heights of existing heritage items. The proposed podium height reinforces the characteristic built form of Central Sydney with increased street frontage heights located on corner sites and adjacent to wide road reserves minimising sense of enclosure. The proposed increase in street wall height recognises the surrounding streetscape scale and provides an enhanced interface with adjacent heritage buildings, with direct reference to the height and articulation of the adjoining National Building and Masonic Building. The Statement of Heritage Impact prepared by GBA Heritage for the detailed SSD DA found that the height of the podium component matches that of the adjoining twelve-storey heritage buildings to the north of the site: the National Building (Ashington Place) on the Pitt Street side and the Masonic Club on Castlereagh Street. The podium, too, is articulated into smaller segments by recesses at the three entry points (to the Station, the tower and the service dock), with the segment adjoining the Masonic Club rising to match its height. The proposed podium has been designed to reflect the heights of the adjacent heritage items, as well as reflecting their lot widths, the external expression of their levels and their materiality. Figure 34 shows the

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Figure 34 – Surrounding street widths

Source: Foster + Partners

Envelope Protrusions for Sun Shading, Balustrades and Planted Elements The modification to allow protrusions of the building envelope by sunshading elements, planted elements and balustrades will improve the built form and urban design of the building, contributing to the articulation of the building facades and ensuring optimum user comfort levels both within the building and external terraces. The proposed sunshades in the detailed SSD DA result in a façade expression using horizontal and vertical fin shading to minimise solar heat gain which integrates the environmental response near seamlessly with building experience and aesthetic acknowledgment of adjoining heritage items. The tower floor plate is made of three parts, each with distinctive character yet seamlessly connected. The expression of the facades with different integrated sunshades directly responds to the specific shape and orientation of the floor plate and the detailed design of each is developed to respond to its location and orientation. The largest floorplate is to the south and its broader elevation is the most transparent, with a minimum vertical sunshade to deal with low angle sun in the early hours of the morning. The shorter sides facing east and west control longer sun exposure, and have horizontal shadings to help to manage the high angle sunlight and maximise views to the parks and beyond. The planted elements and balustrades on the level 10 and level 11 terraces will create comfortable external spaces with compliant balustrades. The soft landscaping within planter boxes along the circumference of the terraces will be visible from the public domain contributing to the future transformation of Park Street and amplifying the sites relationship to Hyde Park. Relationship of GFA to Building Envelope The modifications to the envelope do not result in any additional GFA and are solely a design response to improve the streetscape. The increase in GFA described in Section 8.2 is contained wholly within the envelope previously approved. The built form associated with the detailed design (subject to a concurrent SSD DA) utilises only 84% of the total volume of the building envelope as modified. As discussed in the following sections of this Modification Report there are no amenity impacts associated with either the increase in podium height or the increase in GFA. Overall, the modified building envelope will ensure a future built form that is responsive to the context of the existing and future desired character of the site and the surrounding area of Sydney CBD. Key impacts associated with the modified building envelope are discussed in further detail in the following sections.

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CONTENTS 8.2. ADDITIONAL GROSS FLOOR AREA The Concept DA (SSD 17_8875) approved a maximum GFA of 50,310sqm (including station floor space) which equates to an FSR of 15.97:1. That number was informed by a design scheme comprising a land use mix of approximately 300 residential apartments, 200 hotel rooms and 1,500sqm of commercial office space. This modification seeks to increase the quantum of GFA allowable on the site by the concept approval to 55,743sqm (including station floor space) which equates to an FSR of 17.70:1. Commercial floorspace makes up 54,651sqm of the total GFA, equivalent to an FSR of 17.34:1. Table 15 below shows the FSR comparison of the SSD DA with the concept approval and the SLEP provisions applicable to the proposal based on the land use mix and composition of the Detailed SSD DA scheme.

Table 14 – Quantum of Gross Floor Area Permissible under SLEP Approved Concept DA Proposed Concept for commercial building for mixed use building Modification for commercial building

FSR 13.8:1 15.97:1 17.70:1

GFA 43,484sqm 50,310sqm 55,743sqm

Whilst a clause 4.6 variation is not technically required for a s4.55(2) modification assessment, the below details how the proposed increase in GFA better delivers on the objectives of the FSR and B8 Metropolitan Core zone objectives, does not result in impacts over and above that generated by the originally approved maximum GFA and is therefore appropriate for the site. GFA definition and Breakdown FSR calculated for a site includes all GFA on that site, not just GFA allocated to that part of a building for which development consent is sought. As such, all GFA included in the maximum site calculation for the proposed development must also include station floor space approved or allocated for delivery under CSSI (SSI 15_7400). Station GFA equating to 1,092sqm is contained within the podium / basement of the development. The proposed GFA of the OSD component, excluding station floor space, is 54,651sqm. The necessity of including station floor space in the total FSR calculation reduces the maximum amount of floor space which can technically be provided as part of the OSD when assessed against the FSR standard. This is despite the station floor space being for a public use of substantial benefit to the wider public. It is also noted that the station floor space was approved via a CSSI pathway where consideration of LEP controls, including FSR provisions, is not required. The breakdown of GFA components was detailed in the clause 4.6 variation accompanying the original Concept Application. The below components still comprise the total GFA however are split slightly differently as a result of the purely commercial nature of the detailed SSD DA proposal which is informing this modification request. Displacement of typical basement uses As a result of the integrated Metro use of the site, necessary elements of the development such as retail storage and garbage areas are unable to be provided in a basement, meaning that these storage and garbage areas must be counted towards the overall GFA figures at the site. Elements of the OSD which would not be included in GFA, if the station was not located within the basement, include:

• Above ground storage: 127sqm

• Garbage areas: 104sqm These areas total 231sqm. These elements constitute 0.4% of the proposed 54,651sqm commercial GFA on the site.

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Calculation of Accommodation Floor Space Clause 6.4(2) [of Clause 6.4 Accommodation floor space] within SLEP 2012 states that “the amount of additional floor space that can be achieved under a paragraph [referred to in Clause 6.4(1)] is to be reduced proportionally if only part of a building is used for a purpose specified in that paragraph.” Therefore, as this site includes both station and OSD (commercial) floor space, the accommodation floor space bonus is only able to be applied to that part of the building that is office or retail premises. If the station floor space was not provided on the site, the proposal would be eligible for an additional 0.09:1 of FSR, equivalent to 283.59sqm. Conversely, the concept approval was based on eligibility for an increased proportion of Accommodation Floorspace due to its land use composition comprising both Residential Accommodation and Hotel or Motel Accommodation. Design excellence bonus The design excellence bonus available under clause 6.21 of SLEP provides for a bonus of 10% of base FSR and accommodation floor space if the design excellence requirements are complied with. For the proposed development, it has not been possible to comply with the prescribed clause 6.21 requirements because an alternative design excellence process has been undertaken, as required and endorsed by Sydney Metro. If this alternative process was not required and the design excellence provisions of clause 6.21 had been met, the development would be eligible for an additional 10% of the base FSR and accommodation floor space FSR, amounting to 1.42:1. It is noted that if the station floorspace was not provided on the site, the 10% bonus FSR would equate to 1.25:1. This additional amount of FSR (1.24:1) has been included in the calculations for FSR above as it is considered that design excellence has been met through the rigorous alternative process required by Sydney Metro. Impacts on allowable FSR under SLEP 2012 With regard to the OSD, as use of floor space for a public transport concourse is not contemplated by the various floor space bonus provisions, the proportion of floor space used for Metro purposes above the base 8:1 accordingly results in a proportionate reduction in the bonus floor space available. This effectively means that the public transport infrastructure being provided results in a penalty on the accommodation floor space which could otherwise have been provided for the development. In effect, the overall impact is that the development is penalised for the station space occupying a portion of the site, with regard to both the base FSR and accommodation floor space bonus. This is considered unreasonable, given that this floor space is being used for a separately approved, public use which will benefit the Sydney region. As noted, 1,092sqm of GFA is attributed to the station and included for the purpose of calculating the maximum FSR applying to the site, which results in both the loss of development capacity on the site due to the provision of public transport infrastructure, whilst simultaneously resulting in a lowering of the maximum FSR permitted under clause 6.4 of SLEP 2012. This results from exclusion of 1,092sqm GFA from uses which benefit from the accommodation floor space and design excellence bonuses, exacerbating the extent of variation from the development standard. If strictly enforced, this would penalise the capacity of the site for the provision of significant new public transport infrastructure due to the impact on the associated development above.

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CONTENTS Consistency with Objectives of the Standard and the Zone Tables 15 and 16 below demonstrate that the proposed increase in GFA does not impede the development’s ability to achieve the objectives of both the FSR standard and the B8 Metropolitan Core zone.

Table 15 – Assessment of consistency with the objectives of the FSR standard Objective Compliance

(a) to provide sufficient floor The NSW Government has identified Sydney as Australia’s finance space to meet anticipated and economic capital, containing half of Australia’s globally development needs for the competitive service sector jobs. Sydney’s population is forecast to foreseeable future, increase from 4.3 million to 6.2 million people by 2036, and employment is expected to increase from 2.1 million to 3.1 million by 2036.

The proposed development will provide office and retail floor space to support the growth of jobs in the Sydney CBD. The subject site is ideally situated to provide capacity to support anticipated needs across the employment sector based upon the significant increase in public transport services immediately available at the site.

The proposal maximises the development potential of the site generally within the approved building envelope without any adverse amenity impacts.

The resultant GFA will contribute to the growing floor space needs of the commercial services sector.

Accordingly, this objective is satisfied notwithstanding the variation to the development standard.

(b) to regulate the density of The site, by virtue of the delivery of the Pitt Street metro station in development, built form and accordance with the CSSI approval, will provide a significant boost to land use intensity and to control the public transport capacity of the broader Sydney CBD. Accordingly, the generation of vehicle and it has a unique ability to accommodate a density and intensity of land pedestrian traffic, use without resulting in any adverse environmental impacts.

The additional GFA sought does not comprise any increase in the apparent density of the development when compared to that of the approved Concept Envelope. All proposed GFA will be wholly contained within the volumetric building envelope that has already been approved under the concept approval.

The modification sought to the building envelope will facilitate a better design response to built form context along Castlereagh and Pitt Streets, such that the street wall height matches that of the adjacent heritage-listed Masonic and National buildings. No GFA will be located within that additional volume.

The assessment contained within Section 8 of this report demonstrates that the proposed modification to the GFA will not drive changes to the building envelope, such that there will not be any unacceptable adverse impacts on the surrounding urban environment

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Objective Compliance

in terms of urban design, built form, overshadowing, residential amenity, wind impacts or impacts on utilities infrastructure.

There is no commensurate increase in car parking provision sought from that detailed in the concept approval. The SSD DA scheme will actually reduce the car parking provision from maximum 50 to 40. Through the operation of a Green Travel Plan, initiatives will seek to increase active and public transport use over time for building occupants and visitors, thereby further reducing traffic generation.

Future users of the OSD will benefit from an unprecedented level of public transport accessibility and as such vehicular trip generation is expected to be low and substantially reduced over the former vehicle generation at the site, resulting in minimal impacts on the operation of the local road network.

The proposed site location directly above the Pitt Street metro station will significantly shorten the travel distance to public transport services for tenants and visitors and will provide an average service frequency of 4 minutes throughout the day. In addition, the recently opened Sydney CBD and South East Light Rail service has one of its stops (Town Hall) within 400m of the proposed development, which will provide another public transport option for development tenants and users. Overall, the proposed building is accessible to numerous public transport options and this is expected to be the primary travel mode for most tenants and visitors.

Public domain upgrades which will be delivered at the ground plane in association with the CSSI approval and in accordance with the Station Design Precinct Plan (SDPP), will improve the pedestrian experience and contribute to the walkability of the CBD. These have been informed by pedestrian modelling which have found that the pedestrian flows generated by the OSD development are expected to be a minor proportion of the total pedestrian flows generated by the integrated development and will therefore have an insubstantial impact. The detailed design of the building (subject to the detailed SSD DA) located the main commercial entrance off Pitt Street which helps to direct pedestrian traffic generated by the building away from the main flows along Park Street which serve the metro station entrance.

It is therefore demonstrated that the proposed increase in GFA within the envelope will result in a land use density and built form that is suitable to its context and addresses the relevant built form requirements. The additional GFA will also be served by highly accessible public transport services and will not result in an increase in on-site carparking or anticipated vehicular generation from that approved in the original concept approval.

The proposal therefore meets this objective.

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CONTENTS Objective Compliance

(c) to provide for an intensity of The development has been proposed within the context of the wider development that is Sydney metro Chatswood to Sydenham CSSI project, which commensurate with the comprises a step change public transport project which aims to capacity of existing and planned improve accessibility through the Sydney CBD. This is one of the key infrastructure, planned infrastructure projects in Sydney in the coming years and will have a direct positive impact on the public transport capacity of the Sydney CBD.

The OSD has been designed to integrate with the Pitt Street metro station (with high frequency service, every 3 minutes) sitting directly beneath the site, which will significantly improve the site’s accessibility to public transport. Furthermore, it is expected that future employees and visitors to the building will utilise sustainable travel options (public transport and active transport) as their primary transport mode, by virtue of the ease of access to these services and the low availability of parking bays. Encouraging active transport usage will be implemented through the Green Travel Plan outlined in the detailed SSD DA.

The future building form, comprising an increased GFA, will be able to be served by utilities infrastructure, and is well placed above the metro station to derive the greatest benefit from this planned transport infrastructure.

The proposed increase in GFA is consistent with this objective.

(d) to ensure that new The proposed OSD provides for new employment capacity within the development reflects the Sydney CBD, which has been identified through the Greater Sydney desired character of the locality Region Plan 2018, the Eastern City District Plan 2018 and local in which it is located and planning policies as the focal point for Metropolitan Sydney’s growth minimises adverse impacts on within the Eastern City. the amenity of that locality. The delivery of high-density employment-generating development on this uniquely well-serviced site is entirely compatible with this desired future character for the Sydney CBD. Sydney Metro provides for a significant increase in public transport infrastructure capacity within the Sydney CBD.

The additional proposed GFA fits within an envelope that was assessed and approved through the Concept DA process as reflecting the desired character of the locality. The approval allowed for either a mixed use or commercial development for the site. The proposed development is consistent with the Concept DA and the additional GFA sought will contribute positively to the site and its locality for commercial purposes.

A detailed assessment of the built form impacts of the increase in GFA is contained within Section 8 of this Modification Report. This assessment concludes the proposed Concept Envelope modifications, including the increased GFA, is consistent in terms of impacts with the approved Concept Envelope and will enable a future built form that is

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Objective Compliance

compatible with the desired character, scale and density of development within the locality.

By providing for additional new commercial office space above the future Sydney metro station, the future OSD will deliver increased environmental, social and economic benefits to the community.

Accordingly, the proposal is considered to achieve the objectives of the FSR development standard, notwithstanding the increased provision of GFA on the site.

Table 16 – Assessment of Compliance with Land Use Zone Objectives. B8 Zone Objective Compliance

To recognise and provide for the The proposed commercial office floor space and additional GFA will pre-eminent role of business, make a significant contribution towards the economic development and office, retail, entertainment and growth of the Sydney CBD, within a building that can achieve a high tourist premises in Australia’s quality of design and building amenity but without generating adverse participation in the global vehicular or pedestrian traffic impacts. economy. The proposed increase in GFA will support increased economic activity within the CBD by providing for additional ongoing employment capacity on a site that is uniquely positioned to deliver upon integrated transport and land use planning objectives. The OSD provides for a high-quality built form that attains design excellence, thereby supporting Sydney’s positioning as a pre-eminent centre within the Australian, Asia-Pacific and global economies.

The proposed modification is consistent with this objective.

To provide opportunities for an The proposed development will provide for an intensity of land use intensity of land uses which is commensurate with Sydney’s status as a global city, whilst commensurate with Sydney’s remaining within the infrastructure capacity of the site and not giving rise global status. to any adverse environmental impacts.

The intensity of land use proposed is consistent with this objective.

To permit a diversity of The proposed development will provide for a quantum of employment compatible land uses floor space which is compatible with the delivery of the future Sydney characteristic of Sydney’s global metro station and with Sydney’s global status as a major economic and status and that serve the employment centre. workforce, visitors and wider The proposed land use is compatible with the use of surrounding land community. and is permitted with development consent within the B8 Metropolitan Centre zone.

Notwithstanding the proposed increase in GFA, the proposed development would not give rise to any amenity impacts that would be incompatible with surrounding existing land uses. The proposed land use directly serves the needs of Sydney’s existing and future businesses and workforce, as well as the broader community through

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CONTENTS B8 Zone Objective Compliance

increased economic growth and development and is therefore consistent with this objective.

To encourage the use of The proposed modification to the GFA remains consistent with this alternatives to private motor objective by promoting increased development for office purposes in a vehicles, such as public location that is directly integrated with the future Sydney metro station transport, walking or cycling. and which will accordingly encourage public transport usage.

A Green Travel Plan will be prepared for the development which will seek to increase public transport usage. Given the site’s location within the Sydney CBD, there is expected to be a high level of reliance on public transport services.

Car parking provided will not exceed that assessed as acceptable for the site under the concept approval and will remain less than that permitted under the provisions of SLEP 2012, which will further promote increased public transport usage, walking and cycling.

The proposed increase in GFA is therefore consistent with this objective.

To promote uses with active Whilst the proposed development is constrained at the ground level by street frontages on main streets the approved Pitt Street North Station entrance occupying a large and on streets in which buildings portion of the Park Street frontage and loading and services occupying are used primarily (at street level) the majority of the Castlereagh Street frontage, the proposal has for the purposes of retail activated the available space as much as practicable. premises. Small-scale retail uses have been incorporated along with rationalised station and commercial lobbies to ensure an active, vibrant ground plane. By providing for a critical mass of employment capacity within the OSD component, the proposed development will contribute to increased pedestrian interaction and activity within the site and the broader precinct, which is consistent with this objective.

Overall, it is considered that the proposed increase in GFA will support and not detract from achieving this objective.

The proposed increase in GFA will directly result in improved consistency with the FSR and B8 Metropolitan Core objectives, and will not detract from the ability of the future Detailed SSD DA from also achieving these objectives. Impacts resulting from the increase in GFA There are sufficient environmental planning grounds to justify the delivery of an increased quantum of GFA on the site, including the following:

• The development is consistent with the objects of the Environmental Planning and Assessment Act 1979 by promoting the orderly and economic use and development of the land and promoting and delivering good design and amenity. This is achieved through the delivery of an A-grade office tower that will support significant new employment within Sydney CBD and leverage from the significant NSW Government investment into the Sydney Metro, specifically the new Pitt Street Station.

• The proposed development achieves the objectives of the development standard prescribed in clause 4.4 of the SLEP and achieves the objectives of the B8 Metropolitan Centre zone as described above.

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The proposal seeks to provide for the pre-eminent role of business, office and retail premises in Australia’s participation in the global economy. It will provide opportunities for an intensity of land use commensurate with Sydney’s global status. The additional GFA proposed will increase the opportunity for these objectives to be met.

• The increased GFA has been included in the detailed design scheme that has been presented to both the Design Excellence Evaluation Panel (DEEP) during the Request for Tender phase and subsequently the Sydney Metro Design Review Panel (DRP). Endorsement of the detailed building design by the DRP, which accompanies the Detailed SSD DA, confirms that the increased GFA on the site contributes to the achievement of Design Excellence for the project.

• There are a variety of unique circumstances at the site which warrant the provision of an increased FSR. The development incurs penalties as a result of GFA being counted towards the FSR calculation that would normally not be included. This happens in the following ways:

− The metro station contributes to GFA in a way that is unique to the site and reduces the potential floorspace that could be attributed to the OSD development if no station was to be provided on the site.

− Storage and garbage areas are required to be provided in the podium level which then need to be counted towards GFA due to the station being located beneath the site.

− The accommodation floor space bonus available in addition to the base FSR is reduced through the SLEP methodology as GFA for the station area must be included in the calculation, which does not accrue any accommodation floor space bonus. This is a unique situation and the additional FSR is considered warranted to optimise the land use transport integration benefits of the site.

• The proposed additional floor space will have negligible material environmental impacts compared to the approved envelope on the site, in terms of built form, overshadowing, view or heritage impacts as:

− All proposed GFA sits entirely within the approved concept envelope, which was approved with a maximum FSR of 15.97 including station floorspace or 15.59:1 excluding station floorspace.

− The proposed building envelope allows for a detailed building design that results in an improved relationship with the neighbouring heritage items, being the Masonic and National Buildings to the site’s north, noting that the change in those envelope elements does not contain GFA.

− The proposed development maintains solar access to Hyde Park, nearby residences, Town Hall steps and Sydney Square. The development would cause no net additional overshadowing to surrounding Special Areas, zone RE1 Public Recreation Land or any other sensitive area. Solar access to Hyde Park is improved from that deemed acceptable under the concept approval.

− The proposed ground, podium level and tower setbacks preserve the integrity of the streetscape and have been designed to respond sensitively to the scale and form of buildings fronting Pitt, Park and Castlereagh Streets, both in terms of scale and materiality.

− Only 84% of the approved concept envelope will be taken up by the built form of the commercial development (as demonstrated in the Detailed SSD DA), which demonstrates that the proposal has been restrained in its design yet is efficient in its layout due to the commercial use of the building.

− The floorplates have a very high level of efficiency (93% NLA/GFA compared to an average of around 90%) by keeping the core small through various measures such as coordination of services from very early on in the design process. In taking into account the columns coming up from the station below, the design has required careful planning of floorplates.

− The proposed height of RL176.8 is well within the RL188.74 approved in the Concept DA.

− The design achieves a ‘building in the round’ on the site, addressing the three street frontages and expressing the building on all three sides through visually interesting façades.

− The assessment of view impact concludes that there will be no material change in view impact resulting from the change in building envelope or extrusion of sun shading devices outside the approved building envelope. It is noted that these elements do not contain GFA and ensure that the building responds to and provides a transition from the scale of adjacent heritage items and can achieve the required ESD targets.

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CONTENTS In conclusion, it is demonstrated that the increase in GFA will still enable the overall concept approval to remain substantially the same as that originally approved in terms of anticipated built form impacts, and that the increased GFA will enable improved delivery of the objectives of both the B8 Metropolitan Core zone and the FSR development standard. 8.3. VISUAL AND VIEW IMPACTS The nature and level of visual effects caused by the concept approval have been accepted as being reasonable by the DPIE. This modification application is accompanied by an independent Visual Impact Assessment (VIA) carried out in relation to the detailed built form and prepared by Urbis (Appendix H). The VIA concludes that the proposed detailed built form and subsequently the modified envelope is unlikely to result in significant change to the site’s visual character, scenic quality, sensitivity of the view place, or viewer sensitivity. There would be low to medium visual exposure to most view locations, with the exception of some close views associated with higher sensitivity and higher levels of visual effects (for instance from Park Street, Castlereagh Street, and Hyde Park). However, weighed against the additional factors of visual absorption capacity, compatibility with the concept approval, and the site’s urban characteristics, the resultant visual impacts of the proposed development are considered to decrease in significance and are rated as ‘low’ for all locations modelled and analysed. The overall visual impacts of proposal were found to be low and acceptable. The level of visual impacts caused by the proposal compared to the concept approval on the closest or most sensitive views was assessed as an appropriate outcome. The VIA concludes that a similar level of visual effects and impacts on close, sensitive views have been anticipated and approved by the concept approval. Overall, the potential visual impacts of the proposed development on the public and private domain are considered to be reasonable and acceptable. 8.4. SETBACKS AND BUILDING SEPARATION The lower podium consisting of the ‘metro box’ below the transfer slab at RL 48 is provided for under the CSSI approval and does not form part of the proposed modification of the Concept SSD DA. All works above this transfer level form part of the OSD. The approved OSD tower envelope has been strictly governed by the Hyde Park Sun Access Plane and DCP planning controls, stipulating a 6m envelope setback and 8m average weighted street setback to Pitt Street, Castlereagh Street and Park Street. 0m setbacks are proposed to the northern boundary given the heritage significance of the adjoining sites and their inability to develop any higher. No modification is sought to the tower building envelope (as illustrated in Figure 35) and the proposed built form will be contained fully within the approved envelope massing with the exception of protruding sun shading elements, planted elements and balustrades as discussed in previous sections of this report.

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Figure 35 – Approved Tower Envelope

Source: Architectus The proposed detailed design within the tower building envelope is illustrated in Figure 36 below along with the proposed setbacks which vary from the lower tower to the upper tower.

Figure 36 – Proposed Tower Setbacks

Source: Foster + Partners Strict compliance with the 8m weighted average setback has been achieved on the Pitt Street side of the building. On Park Street and Castlereagh Street compliance is achieved in a wholistic overall sense but not on individual facades, with some portions of the built form relying on others to offset impingement of the 8m weighted setback line.

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CONTENTS Figure 37 below illustrates that between level 10 and level 18:

• On the Pitt Street side, the average weighted setback has been achieved;

• On Castlereagh Street, more of the built form has been located away from the weighted setback than the built form oversailing this setback line; and

• On Park Street, more of the built form overhangs the weighted setback than is offset behind it. Overall, approximately 86.3 sqm of the built form has been located outside of the average weighted setback line, while approximately 219.1 sqm of the average weighted setback line and corresponding volume has been under-utilised across the lower tower levels.

Figure 37 – Weighted Average Setback L10- L18

Source: Foster + Partners Figure 38 below illustrates that between level 19 and the top of the tower:

• On the Pitt Street side, the average weighted setback has been achieved;

• On Castlereagh Street, more of the built form has been located away from the weighted setback than the built form oversailing this setback line; and

• On Park Street, more of the built form overhangs the weighted setback than is offset behind it. Overall, approximately 86.3 sqm of the built form has been located outside of the Average weighted setback line, while approximately 68.4 sqm of the Average weighted setback line and corresponding volume has been under-utilised.

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Figure 38 - Weighted Average Setback L19- L34

Source: Foster + Partners Overall, across the entire tower volume, this results in a total area of 2,157.5 sqm which has been located outside of the weighted average setback line, and approximately 3,066.3 sqm of the allowable volume which has not been utilised by the proposed built form. The overall massing of the building remains in line with the principles listed within the OSD North Design Guidelines and the minor modification to the weighted average setback guideline results in no additional overshadowing of key public spaces or view impacts as discussed in Section 8.5 and Section 8.3 respectively. No changes are proposed within this modification application to the approved maximum height of the building envelope at RL188.74 with the built form proposed seeking a maximum building height of RL176.8. As discussed, a Detailed SSD DA seeking consent for the detailed design and construction of the OSD has been submitted to the DPIE concurrently with this Concept SSD DA modification application. 8.5. SOLAR ACCESS AND OVERSHADOWING Detailed solar analysis has been conducted around the overshadowing requirements of the OSD building envelope relative to approved envelope and the specific requirements outlined in SLEP for the site. Refer Appendix I. The maintenance of solar access to Hyde Park has been a central element in the development of the proposal, in accordance with the key public open space role that Hyde Park plays in the context of the City of Sydney. The proposed development has been designed to comply with clauses 6.17 and 6.18 of the SLEP 2012, with the specific intention of reducing the solar access impact to Hyde Park above and beyond that required under the SLEP 2012. Foster + Partners have undertaken a Shadow Analysis of the proposed envelope modifications which demonstrates that the modified envelope does not result in any additional overshadowing of Special Areas in the vicinity of the site notable Sydney Town Hall Steps, Sydney Square and Hyde Park compared to that of the approved envelope.

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CONTENTS Figure 39 – Overshadowing of Hyde Park, 21 September

Source: Foster + Partners

Figure 40 – Special Areas shadow analysis, 31 August

Source: Foster + Partners 8.6. DESIGN EXCELLENCE As part of the Concept SSD DA, a Design Excellence Strategy for the project was approved by the Minister for Planning. The endorsed Design Excellence Strategy establishes the rigorous process to be undertaken to ensure that the future detailed design of the OSD achieves design excellence. It is noted that the GANSW supports the Design Excellence Strategy as endorsed by the Secretary of the DPIE in accordance with condition A26 of the Concept SSD DA. The design excellence process, which has been applied since the Concept SSD DA approval in relation to both the Detailed SSD DA and this Modification Application, has involved:

• The establishment of the Sydney Metro Design Review Panel (DRP) to define design quality expectations and benchmarks for the proposed development.

• The establishment of a Design Excellence Evaluation Panel (DEEP) for the tender design stage, comprising members of the Sydney Metro DRP (including the chair) a member nominated by the Government Architect NSW, and a member nominated by the City of Sydney.

• Following contract award for the Detailed Design, the Sydney Metro DRP was reconvened for the design integrity process, whereby the DRP reviewed and provided advice on the detailed building design to ensure the achievement of design excellence, having regard to the Sydney Metro Pitt Street North Station Design Guidelines.

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• The applicant was required to obtain Sydney Metro DRP advice and endorsement of the scheme prior to the lodgement of the Detailed Development Application and throughout the assessment and post- approval stages. The DRP was established in accordance with the terms of the Concept SSD DA, and included an independent local council nominee, a State DRP member and Sydney Metro DRP members as endorsed by the Government Architect NSW. The applicant presented to the Sydney Metro DRP eight times prior to the lodgement of both this Modification Application and the concurrent Detailed SSD DA. A summary of how the advice and feedback from the DRP has been incorporated into the proposal is provided at Section 5.3. As a result of incorporating this feedback, the Sydney Metro DRP has endorsed the detailed design of the proposal against the DEEP’s Design Excellence Report, the design objectives of the Concept SSD DA, and consistency with the approved Station Design Quality Guidelines as outlined within the Design Integrity Report (DIR) included at Appendix EE of the detailed SSD DA. The consent authority may therefore be satisfied that the Concept DA modification as proposed reflects a detailed building design which demonstrates design excellence in accordance with the Design Excellence Strategy as endorsed by the Secretary of the DPIE pursuant to conditions A26 and A27 of the Concept SSD DA. 8.7. INTEGRATION WITH METRO STATION AND PUBLIC DOMAIN As stated within Section 2.2, the design and delivery of all public domain works within and surrounding the site will be subject to the satisfaction of conditions of the CSSI approval, notably within approval of the SDPP and IAP. Notwithstanding, it is noted that any modification to the approved Pitt Street North OSD building envelope could have an impact on the function and amenity of the metro station and the surrounding public domain. The proposed modification to the Concept SSD DA maintains an appropriate integration with the metro station and the public domain as:

• The main entrance to the OSD is on Pitt Street, taking its cue from the composition of adjoining heritage buildings, creating a prominent presence on Pitt Street.

• Castlereagh Street contains a secondary entrance, connecting it with end of trip facilities and car stacker parking. The loading dock and courier spaces are also located on Castlereagh Street where they connect directly with the goods lift and station back of house areas.

• The metro station entrance fronts Park Street and will not be impacted unnecessarily by pedestrian flows to/ from the OSD entrances. As such, the development as proposed to be modified remains consistent with the general terms of the CSSI approval and will be effectively integrated within the metro station and detailed public domain. 8.8. OTHER MATTERS An assessment of the proposed modification relating to other key matters considered as part of the Concept SSD DA, is provided at Table 17.

Table 17 – Consideration of Other Matters Matter Discussion

Pedestrian Wind

Wind environment conditions associated with a development are governed by a number of key factors including: the local climatic conditions (wind speed and directional probability), local surrounding context which will govern the wind conditions at the site and the design of the subject development.

With consideration for the Pitt Street North OSD site, it is generally shielded in most directions by the surrounding CBD context and that prevailing winds will also be from

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CONTENTS Matter Discussion

the north-east (generally in the warmer months), westerlies (during the cooler periods) and southerly winds throughout the year. Given these elements, there is expectation for the westerly winds to be funnelled along Park Street, while the southerlies will funnel up Castlereagh and Pitt Streets. This is due to the CBD street alignment. There is however some exposure, mainly for the upper levels to the north-easterly winds given the exposure above the lower height existing buildings along Elizabeth Street to the east of the site.

Noting the above elements, the proposed modifications to the building envelope are expected to have minimal impact to the ground level wind environment conditions compared to the approved Stage 1 Concept Envelope. This is largely due to the lower level changes generally being located in areas with reduced exposure to the prevailing winds, with the proposed changes not altering this effect. The upper level changes will have no bearing on the ground level wind conditions given their elevation above street level.

RWDI (refer Appendix G) has reviewed the potential impact to the pedestrian wind environment conditions around the site for the Section 4.55 modification application with respect to the approved Stage 1 Concept Envelope. Noting the changes to the envelope outlined above and discussed in this document, the effect on the pedestrian wind environment conditions are expected to be minimal.

Ecologically The proposed introduction of protrusions beyond the building envelope for the Sustainable purposes of sun shading will enable the building to meet the ESD targets required for Development the building design. Refer to ESD review at Appendix E. The detailed development (Stage 2) application will include a Section J assessment against the BCA and Sustainability Strategy to ensure that the design and operation of the retail tenancy achieves the relevant standards.

Heritage The proposed changes to the building envelope at the podium better relate to the adjoining heritage items at Ashington Place (National Building) and the Masonic Building through proposing a design response that transitions the scales of the adjoining buildings. GBA Heritage has reviewed the proposed changes to the building envelope and finds that there will be negligible impact on the significance of these items. Refer to Appendix F.

Construction The proposed protrusions beyond the building envelope do not include any required Management changes to anticipated construction management associated with the Pitt Street North Station OSD or metro station.

8.9. SUITABILITY OF THE SITE Suitability of the site for the development of a commercial tower was primarily established as part of the Concept SSD DA. Overall, the Detailed SSD DA proposal is considered suitable for the site for the following reasons: • The project is consistent with the NSW Government and City of Sydney Council policies for the site and surrounding area including the Greater Sydney Region Plan, the East District Plan and local development controls.

• The proposal comprises a prime opportunity to take advantage of the approved Sydney Metro project, with the airspace created as part of the Pitt Street North site proposed to be developed for the purposes of OSD.

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• The site provides for three street frontages, allowing separation of the Pitt Street Station and OSD entries to assist in clear wayfinding.

• The proposal is permissible in the B8 Metropolitan Centre zone pursuant to the SLEP 2012 and delivers new commercial floor space within the Sydney CBD to encourage activation of the CBD outside of business hours and to maximise the use of future transport infrastructure.

• The proposal contributes to the vibrancy of the Sydney CBD by providing a landmark development which supports the commercial core.

• The separation of the site from other buildings provides sufficient space to allow commercial development to be proposed on the site while maintaining high levels of amenity in terms of solar access and privacy to adjoining land uses.

• The OSD tower is compatible with the scale of the surrounding existing and future built form typology which currently comprises a mix of medium to high rise residential and commercial office buildings.

• The proposal adheres to the Hyde Park sun access plane and does not adversely impact the visual amenity of and views from the public domain.

• The proposed OSD can be successfully integrated with the station below to allow optimal use of the public domain, increased pedestrian capacity and not impeding future station uses. The proposal is considered suitable for the site as it delivers a world-class integrated public transport and commercial development which aligns with relevant strategic and statutory planning policies and significant NSW Government investment in public infrastructure. 8.10. PUBLIC INTEREST The proposed modifications are in the public interest as they represent positive improvements to the original concept approval including that:

• The proposal maintains solar access to Hyde Park and the surrounding significant public domain.

• The podium envelope respectfully integrates with adjacent significant local heritage items such as the National Building and NSW Masonic Building and allows for a more seamless transition in scale between the buildings.

• The increased GFA will provide for the future development of increased A-grade office floorspace in one of the most highly accessible locations in Sydney CBD, in a manner that does not generate amenity impacts beyond those assessed as acceptable in the concept approval.

• The increased GFA will not generate additional traffic movements beyond those assessed as acceptable in the concept approval.

• The changes support the ability to realise a detailed building SSD DA which delivers on the conditions and commitments required of the concept approval, which meets the Design Guidelines and has been endorsed as achieving Design Excellence by the Sydney Metro Design Review Panel.

• The changes have been assessed as resulting in no additional impact in terms of built form context, view and visual impact, wind impact or other public domain amenity matters from that originally approved. As such, the proposed development as sought to be modified is considered to be in the public interest.

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CONTENTS 9. REVISED AND CONSOLIDATED ENVIRONMENTAL MITIGATION MEASURES The SEARs require an environmental risk analysis to identify potential environmental impacts associated with the proposal. An Environmental Risk Assessment was provided within the EIS submitted with the Concept SSD DA, as adapted from Australian Standard AS4369:1999 Risk Management and Environmental Risk Tools. Within the environmental risk analysis submitted with the Concept Application EIS, and as further revised within Section 9.1 of the subsequent Response to Submissions Report, the residual impact of the key risks associated with the development remained low/medium to medium. The items contained within the Environmental Risk Assessment and the potential environmental impact of those risks are not altered by the proposed modification of the development sought in this Section 4.55(2) modification application. As such, no changes are required to the mitigation measures consolidated within Section 9.2 of the Response to Submissions Report submitted with the Concept SSD DA as a result of the proposed modifications to the approved development.

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10. JUSTIFICATION AND CONCLUSION The purpose of the Concept SSD DA was to define the key planning and design parameters and establish the framework and strategies to guide the future delivery of a primarily mixed use or commercial office tower which would form a key component of the Pitt Street North Station integrated station development. The Sydney Metro Pitt Street North and the OSD would be designed and constructed as one overall building, with scheduled delivery in 2024 to align with the commencement of the operation of Sydney Metro. Section 4.55(2) modification application seeks approval to:

• Amend the concept building envelope plans approved on 25 June 2019 by the Minister under application number SSD 8875 to modify the podium envelope

− at the Castlereagh Street façade to facilitate better built form relationship with the scale of the adjacent Masonic Building;

• Amend conditions A15 and A17 to permit the protrusion beyond the building envelope for the purpose of sunshading elements, planted elements, and balustrades;

• Increase in the total GFA across the site to 55,743sqm (including station floorspace);

• Replace Concept Approval plans to show interrelationship of proposed OSD floor space with station floor space; and

• Make minor amendments to the Design Guidelines in respect to podium heights and tower setbacks. Overall, it is considered that this Section 4.55(2) modification application for the OSD warrants approval and remains consistent with the key reasons for granting consent to the Concept SSD DA as:

• The project remains consistent with NSW Government and City of Sydney Council policies including the Greater Sydney Region Plan, the Eastern City District Plan and SLEP 2012.

• The project will continue to provide a range of benefits to the region and State as a whole, including employment generation, within a site with excellent access to public transport and services.

• The detailed design of the project will support the delivery of the metro station below, and will integrate with the station floorspace in the podium levels of the building.

• The increased GFA on site will support the delivery of increased A-Grade office floorspace in one of the most accessible locations in Sydney CBD by public transport, in a manner that does not generate additional traffic and which sits wholly within the originally approved building envelope.

• As demonstrated through this Modification report, the proposed changes to the podium envelope and protrusions beyond the approved OSD building envelope for the purposes of sunshading, balustrades and planted vegetation do not result in any significant impacts on the community and environment beyond which was originally considered in the assessment of SSD-8875.

• The proposed modifications will support the delivery of a detailed SSD DA (subject to its approval) which has been subject to a thorough Design Excellence Review process and has been endorsed by the Sydney Metro Design Review Panel as achieving Design Excellence.

• The project is ‘shovel ready’ and can contribute to the State Government’s intended stimulus to boost the State’s economy and create opportunities for new jobs in response to the COVID-19 crisis.

• The project remains in the public interest.

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CONTENTS DISCLAIMER This report is dated 25 June 2020 and incorporates information and events up to that date only and excludes any information arising, or event occurring, after that date which may affect the validity of Urbis Pty Ltd’s (Urbis) opinion in this report. Urbis prepared this report on the instructions, and for the benefit only, of Pitt Street Developer North Pty Ltd (Instructing Party) for the purpose of Modification Report (Purpose) and not for any other purpose or use. To the extent permitted by applicable law, Urbis expressly disclaims all liability, whether direct or indirect, to the Instructing Party which relies or purports to rely on this report for any purpose other than the Purpose, and to any other person which relies or purports to rely on this report for any purpose whatsoever (including the Purpose). In preparing this report, Urbis was required to make judgements which may be affected by unforeseen future events, the likelihood and effects of which are not capable of precise assessment. All surveys, forecasts, projections and recommendations contained in or associated with this report are made in good faith and on the basis of information supplied to Urbis at the date of this report, and upon which Urbis relied. Achievement of the projections and budgets set out in this report will depend, among other things, on the actions of others over which Urbis has no control. In preparing this report, Urbis may rely on or refer to documents in a language other than English, which Urbis may arrange to be translated. Urbis is not responsible for the accuracy or completeness of such translations and disclaims any liability for any statement or opinion made in this report being inaccurate or incomplete arising from such translations. Whilst Urbis has made all reasonable inquiries it believes necessary in preparing this report, it is not responsible for determining the completeness or accuracy of information provided to it. Urbis (including its officers and personnel) is not liable for any errors or omissions, including in information provided by the Instructing Party or another person or upon which Urbis relies, provided that such errors or omissions are not made by Urbis recklessly or in bad faith. This report has been prepared with due care and diligence by Urbis and the statements and opinions given by Urbis in this report are given in good faith and in the reasonable belief that they are correct and not misleading, subject to the limitations above.

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